Griffith v The Queen; Cole v The Queen

These appeals concerned the admissibility of evidence obtained by police in circumstances where the police had not complied with certain provisions of the *Crimes Act 1914* (Cth). The appellants, Griffith and Cole, were convicted of various offences following a trial in the Supreme Court of New South Wales. The central issue on appeal to the High Court of Australia was whether the evidence, which included admissions made by the appellants and items seized from their premises, should have been excluded by the trial judge.

The High Court was required to determine whether the trial judge had erred in admitting the evidence, notwithstanding the admitted breaches of the *Crimes Act 1914* by the police. Specifically, the court had to consider the application of the exclusionary rule, which permits the exclusion of improperly or illegally obtained evidence, and the principles governing the exercise of discretion to admit such evidence. The court also considered the nature of the breaches and their impact on the fairness of the trial.

In their joint judgment, Kirby and Hayne JJ affirmed that the admissibility of evidence obtained in breach of statutory provisions is a matter for the exercise of judicial discretion. They reiterated that the discretion to admit such evidence is not unfettered and must be exercised having regard to the circumstances of the case, including the nature of the breach, the importance of the evidence, and the prejudice to the accused. The judges found that the trial judge had properly considered these factors and had not erred in admitting the evidence, as the breaches, while established, did not render the trial unfair. The appeals were dismissed.