Gee & Thaller v The Queen

Gee and Thaller appealed their convictions for armed robbery and related offences to the High Court of Australia. The central dispute concerned the admissibility of evidence obtained through a covert recording of a conversation between the appellants and a police informant, and whether this evidence was obtained in contravention of the *Broadcasting and Television Act 1942* (Cth) and the *Crimes Act 1914* (Cth).

The High Court was required to determine whether the covert recording constituted an unlawful interception of a private conversation under federal law, and if so, whether the evidence derived from that recording should have been excluded by the trial judge. The court also considered the scope of the trial judge's discretion to admit or exclude evidence obtained in contravention of a statute, particularly where the evidence was relevant and cogent.

The High Court held that the recording was made in contravention of the *Broadcasting and Television Act 1942* (Cth) as it was an unauthorised interception of a private conversation. However, the court affirmed that the trial judge retained a discretion to admit such evidence if its probative value outweighed its prejudicial effect, even if unlawfully obtained. Gleeson CJ and Kirby J, in separate judgments, found that the trial judge had properly exercised this discretion, concluding that the evidence was of significant probative value and its admission did not occasion a miscarriage of justice. The appeals were dismissed.