Karger v The Queen

The High Court of Australia heard an appeal by Karger against the decision of the Supreme Court of South Australia, which had dismissed his appeal against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained from the appellant.

The primary legal issue before the High Court was whether the evidence obtained from the appellant, specifically statements made by him and items seized from his person, had been unlawfully obtained, and if so, whether that evidence should have been excluded from his trial. This involved considering the application of the common law exclusionary rule and the principles governing the admission of evidence obtained in contravention of legal rights.

The Court examined the circumstances under which the evidence was obtained, focusing on whether the appellant's rights had been infringed. It was held that the evidence was obtained in contravention of the appellant's rights. However, the Court affirmed that the common law exclusionary rule is not absolute and that evidence obtained in contravention of legal rights may still be admitted if its probative value outweighs any prejudice it may cause. The Court found that the trial judge had correctly exercised their discretion in admitting the evidence, as its probative value was high and the prejudice to the appellant was not such as to warrant exclusion.

Consequently, the High Court dismissed the appeal, upholding the appellant's conviction.