Hoang v The Queen

The High Court of Australia considered an appeal by Mr Hoang against his conviction for a number of offences, including aggravated robbery and assault occasioning actual bodily harm. The appeal concerned the admissibility of certain evidence obtained by police.

The central legal issue before the High Court was whether the evidence obtained from Mr Hoang's mobile phone was unlawfully obtained, and if so, whether it should have been excluded from use at his trial under the *Evidence Act 1995* (NSW). Specifically, the Court had to determine whether the police had lawful authority to seize and access the contents of the phone, and if not, whether the admission of that evidence had resulted in a miscarriage of justice.

The High Court held that the police did not have lawful authority to seize and access the contents of Mr Hoang's mobile phone. The Court reasoned that the powers of search and seizure under the relevant legislation did not extend to the contents of a digital device in the manner in which it was accessed. Consequently, the evidence obtained from the phone was unlawfully obtained. The Court then considered whether the admission of this unlawfully obtained evidence had occasioned a miscarriage of justice. Applying the proviso to s 6(1) of the *Criminal Appeal Act 1912* (NSW), the Court concluded that there was no reasonable doubt that the jury would have convicted Mr Hoang even if the unlawfully obtained evidence had not been admitted.

The appeal was dismissed.