Grajewski v Director of Public Prosecutions (NSW)

In *Grajewski v Director of Public Prosecutions (NSW)*, the High Court of Australia considered an appeal from a decision of the Supreme Court of New South Wales. The appellant, Mr Grajewski, had been convicted of a number of offences, including assault occasioning actual bodily harm and common assault, following an incident involving a police officer. The core of the dispute concerned the admissibility of certain evidence obtained by police during the course of their investigation.

The central legal issue before the High Court was whether the evidence obtained by police, specifically a recording of the appellant’s voice, was unlawfully obtained, and if so, whether it should have been excluded from admission at trial under section 138 of the *Evidence Act 1995* (NSW). This section requires a court to exclude evidence obtained improperly or in contravention of an Australian law, unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence that has been improperly obtained.

The High Court analysed the circumstances surrounding the obtaining of the voice recording, noting that the police had not obtained a warrant or the appellant's consent. Their Honours considered the balance to be struck under section 138, weighing the public interest in the conviction of offenders against the public interest in the protection of individual rights and the integrity of the criminal justice system. The Court ultimately found that the evidence had been improperly obtained and that its admission was not justified under section 138.

The High Court allowed the appeal, quashed the conviction, and ordered a new trial.