IL v The Queen

The High Court of Australia heard an appeal in *IL v The Queen*. The appellant, IL, was convicted of a number of offences, including sexual offences, and sentenced to a term of imprisonment. The appeal concerned the admissibility of certain evidence obtained from the appellant.

The central legal issue before the High Court was whether the evidence obtained from the appellant, specifically a DNA sample and a statement made to police, was admissible at trial. This involved consideration of the application of s 138 of the *Evidence Act 1995* (NSW) (which applies in criminal proceedings in New South Wales) and the common law exclusionary rule concerning improperly or illegally obtained evidence. The Court was required to determine whether the admission of this evidence would have had an adverse effect on the integrity of the judicial process that outweighed its probative value.

Gageler and Nettle JJ, in a joint judgment, allowed the appeal. Their Honours found that the evidence had been obtained in contravention of the appellant's rights. They reasoned that the adverse effect on the integrity of the judicial process of admitting the evidence outweighed its probative value, particularly given the circumstances in which it was obtained. The Court applied the principles established in cases such as *Liristis v The Queen* and *Bally v The Queen*, emphasizing the importance of upholding the integrity of the judicial process when considering the admissibility of improperly obtained evidence.

The High Court ordered that the conviction be quashed and that a retrial be ordered.