Kennedy v The Queen

Kennedy was the appellant and The Queen was the respondent in proceedings before the High Court of Australia. The dispute concerned the appellant's conviction for the offence of conspiracy to import a prohibited import contrary to s 233B(1)(b) of the *Customs Act 1901* (Cth). The appellant had been found guilty by a jury and his conviction was affirmed by the Full Court of the Supreme Court of Western Australia.

The High Court was required to determine whether the trial judge had erred in law by admitting evidence of the appellant's admissions, which the appellant argued had been obtained in contravention of the *Judiciary Act 1903* (Cth) and the *Crimes Act 1914* (Cth). Specifically, the appellant contended that the admissions were inadmissible because they were made while he was unlawfully detained and without being cautioned as required by law.

Gaudron and McHugh JJ held that the admissibility of evidence obtained in contravention of statutory provisions is a matter for the court's discretion, guided by the principle that the probative value of the evidence must outweigh its prejudicial effect. Their Honours found that while the admissions may have been obtained in circumstances that were not ideal, the trial judge had properly exercised his discretion in admitting the evidence, as it was highly relevant to the charge and its prejudicial effect was not so significant as to warrant exclusion. The appeal was dismissed.