Le v The Queen

In *Le v The Queen*, the High Court of Australia considered an appeal by the applicant, Mr. Le, against his conviction for murder. The dispute centred on the admissibility of certain evidence during his trial.

The primary legal issue before the High Court was whether the evidence of a police interview conducted with Mr. Le, which was admitted at trial, should have been excluded under section 138 of the *Evidence Act 1995* (NSW). This section requires a court to exclude evidence obtained improperly or in contravention of an Australian law, unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence that has been improperly obtained.

The Court reasoned that the interview was conducted in circumstances where Mr. Le had not been cautioned as to his rights, and that this failure constituted a contravention of an Australian law. However, their Honours found that the undesirability of admitting the improperly obtained evidence did not outweigh its desirability. They noted that the interview was not obtained by oppressive means, that Mr. Le was not coerced, and that the evidence obtained was relevant and important to the prosecution's case. The Court therefore held that the trial judge had not erred in admitting the interview evidence.