KG v The Queen; WG v The Queen

KG and WG appealed their convictions for child sexual abuse offences to the High Court of Australia. The central dispute concerned the admissibility of evidence obtained from the appellants' mobile phones, which had been seized under search warrants. The appellants argued that the evidence was inadmissible because the search warrants were invalid, and consequently, the search and seizure of their phones were unlawful.

The High Court was required to determine whether the search warrants issued for the appellants' mobile phones were valid under the relevant legislation, specifically the *Crimes Act 1914* (Cth). This involved considering whether the issuing officer had reasonable grounds to believe that the phones contained evidence of an indictable offence, and whether the warrants sufficiently described the offence for which the evidence was sought. The Court also had to consider the consequences of any invalidity of the warrants on the admissibility of the seized evidence.

The High Court held that the search warrants were invalid because they did not sufficiently particularise the indictable offences for which the evidence was sought. The warrants referred to a broad range of offences under the *Criminal Code* (Cth) without specifying which offences were relevant to the investigation. Consequently, the search and seizure of the mobile phones were unlawful. The Court applied the principle that a search warrant must clearly identify the offence to which the evidence relates to ensure that the power to search is not exercised arbitrarily. As the warrants were invalid, the evidence obtained from the phones was inadmissible.

The High Court allowed the appeals, quashed the convictions, and remitted the matters to the Supreme Court of Queensland for a retrial.