Green v The Queen; Quinn v The Queen

The High Court of Australia considered appeals by Green and Quinn against their convictions for murder. The central dispute concerned the admissibility of evidence obtained through covert surveillance, specifically recordings made by listening devices planted in the applicants' vehicles. The applicants argued that the evidence was obtained unlawfully and should have been excluded under s 138 of the *Evidence Act 1995* (NSW).

The High Court was required to determine whether the listening devices were installed and operated in contravention of statutory provisions, and if so, whether the evidence derived from those devices should have been excluded in the exercise of the trial judge's discretion. This involved considering the scope of powers to conduct surveillance under relevant legislation and the principles governing the exclusion of improperly or illegally obtained evidence.

The Court held that the installation and operation of the listening devices constituted a contravention of statutory provisions, as the necessary warrants had not been obtained. Applying the principles of s 138 of the *Evidence Act 1995* (NSW), the Court found that the evidence obtained by the listening devices was improperly obtained. However, the Court concluded that the trial judge had not erred in the exercise of discretion in admitting the evidence, as the probative value of the evidence outweighed the impropriety of its obtaining. The appeals were dismissed.