Jones v The Queen

In *Jones v The Queen*, the High Court of Australia considered an appeal by the applicant, Jones, against his conviction for murder. The dispute centred on the admissibility of certain evidence during his trial.

The primary legal issue before the High Court was whether the trial judge had erred in admitting evidence that was obtained in contravention of the *Crimes Act 1914* (Cth). Specifically, the court had to determine whether the evidence, which included a confession made by the applicant, should have been excluded under the provisions of s 138 of the *Evidence Act 1995* (Cth) due to the impropriety of its acquisition.

Deane and Gaudron JJ, in their joint judgment, applied the principles established in *Bally v The Queen* and *Ridgeway v The Queen*. They held that the admission of evidence obtained improperly or in contravention of an Australian law is a matter for the discretion of the trial judge. This discretion is to be exercised by weighing the probative value of the evidence against the undesirability of admitting evidence that has been obtained in contravention of the law. In this instance, their Honours found that the trial judge had not erred in the exercise of that discretion, and the evidence was therefore admissible.

The appeal was dismissed.