JRW v The Queen

The case of JRW v The Queen concerned an appeal to the High Court of Australia by the applicant, JRW, against his conviction for a number of offences. The dispute arose from the applicant's challenge to the admissibility of certain evidence during his trial.

The High Court was required to determine whether the trial judge had erred in admitting evidence that was obtained in circumstances where the applicant's rights under the *Crimes Act 1914* (Cth) had been breached. Specifically, the court considered whether the admission of this evidence was contrary to the interests of justice, as contemplated by s 138 of the *Evidence Act 1995* (Cth).

Kiefel and Nettle JJ found that the trial judge had not erred in admitting the evidence. Their Honours reasoned that while there had been a breach of the applicant's rights, the evidence obtained was nonetheless admissible because its probative value outweighed the undesirability of admitting evidence obtained in contravention of the law. The court applied the principles established in *LPA v The Queen* and *R v Swaffield*, emphasising the balancing exercise required under s 138 of the *Evidence Act 1995* (Cth).

The appeal was dismissed.