Kearns v The Queen

In *Kearns v The Queen*, the High Court of Australia considered an appeal by the applicant, Kearns, against his conviction for murder. The central dispute concerned the admissibility of evidence obtained through a covert recording made by police.

The High Court was required to determine whether the trial judge had erred in admitting the recording into evidence, despite the applicant's argument that its admission would be unfairly prejudicial to his defence. Specifically, the court had to consider the application of the exclusionary rule concerning improperly or illegally obtained evidence, and the balance to be struck between the probative value of the evidence and its potential to prejudice the jury.

The majority of the High Court held that the trial judge had not erred in admitting the recording. Their Honours reasoned that while the recording was obtained in circumstances that might be considered to have infringed upon the applicant's privacy, the evidence was highly probative of the applicant's guilt. The court applied the principle that evidence obtained improperly or illegally is not automatically inadmissible, but rather its admission is a matter for the discretion of the trial judge, who must weigh the probative value against the prejudicial effect. In this instance, the probative value of the recording was considered to outweigh any potential prejudice.

The appeal was dismissed.