Henderson v The Queen and Anor

The High Court of Australia considered an appeal by Henderson against the Crown and the Commissioner of Police, following a conviction for murder. The dispute concerned the admissibility of evidence obtained through a covert recording made by police.

The central legal issue before the High Court was whether the covert recording, made in circumstances where Henderson was not cautioned or informed of his rights, was unlawfully obtained and therefore inadmissible under the *Crimes Act 1914* (Cth) or at general law. The Court also considered whether the admission of this evidence, if unlawfully obtained, was an error that warranted quashing the conviction.

The Court analysed the provisions of the *Crimes Act* concerning the powers of police to intercept communications and the circumstances under which evidence obtained in contravention of these provisions might be admitted. It was held that the recording was made in contravention of the Act. However, the Court applied the principles established in *Bally v The Queen*, which permit the admission of unlawfully obtained evidence if its probative value outweighs its prejudicial effect, and if its admission is in the interests of justice. The Court found that the recording's probative value was high and that its admission was in the interests of justice, despite the unlawful means of its acquisition.

The appeal was dismissed.