Klewer v State of New South Wales

Klewer v State of New South Wales concerned an appeal to the High Court of Australia following a decision of the Supreme Court of New South Wales. The appellant, Mr Klewer, had been convicted of a number of offences, including assault occasioning actual bodily harm and resisting police. The central dispute revolved around the admissibility of certain evidence obtained by police during an investigation.

The High Court was required to determine whether the evidence obtained by police, specifically statements made by Mr Klewer and items seized from his property, had been obtained in contravention of the *Crimes Act 1900* (NSW) and, if so, whether that evidence should have been excluded from his trial. A key issue was the proper application of the exclusionary provisions of the *Crimes Act* concerning evidence obtained improperly or in contravention of law.

In their joint judgment, Hayne and Crennan JJ analysed the circumstances under which the evidence was obtained. They considered the powers of police to detain and search individuals and the requirements for lawful arrest and detention under New South Wales law. The Court affirmed that where evidence is obtained in contravention of statutory provisions, there is a discretion to exclude such evidence if its admission would be unfair to the accused. The judges found that the evidence in question had been obtained in contravention of the *Crimes Act* and that its admission at trial had occasioned a miscarriage of justice.

Consequently, the High Court allowed the appeal, quashed the convictions, and ordered that the appellant be discharged.