IMM v The Queen

The High Court of Australia considered an appeal by IMM against a conviction for murder. The central dispute concerned the admissibility of evidence obtained through a covert recording made by a police informant. The appeal was heard by a full bench of the High Court.

The primary legal issue before the Court was whether the admission of the covert recording, which was obtained in circumstances where the appellant had a reasonable expectation of privacy, constituted a miscarriage of justice. This required the Court to consider the application of the exclusionary rule in relation to illegally or improperly obtained evidence, and the principles governing the admission of such evidence in criminal proceedings.

The High Court held that the admission of the covert recording was an error that resulted in a miscarriage of justice. The Court reasoned that the recording was obtained in contravention of the appellant's right to privacy, and its admission into evidence was not justified by any overriding public interest. The Court applied the principle that evidence obtained in breach of a person's rights should generally be excluded unless there are compelling reasons to admit it, and that the onus is on the prosecution to demonstrate such reasons. In this instance, the Court found that the prosecution had failed to discharge that onus.

Consequently, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.