Lui v The Queen

The High Court of Australia considered an appeal by Mr Lui against his conviction for murder. The appeal concerned the admissibility of evidence obtained through a covert recording of a conversation between Mr Lui and an undercover police officer. The central dispute revolved around whether the recording was lawfully obtained, and if not, whether it should have been excluded from evidence at trial.

The High Court was required to determine two primary legal issues. Firstly, whether the recording of the conversation between Mr Lui and the undercover officer was obtained in contravention of the *Listening Devices Act 1991* (NSW). Secondly, if the recording was unlawfully obtained, whether the trial judge erred in admitting the evidence, considering the principles of fairness and the potential for prejudice to the appellant.

The Court analysed the provisions of the *Listening Devices Act 1991* (NSW) and relevant case law concerning the use of listening devices by law enforcement. It was held that the recording was made in circumstances that did not comply with the statutory requirements for the use of a listening device. Despite this unlawleness, the Court affirmed that the admissibility of unlawfully obtained evidence is a matter for the discretion of the trial judge, who must weigh the probative value of the evidence against its prejudicial effect. The High Court found that the trial judge had properly exercised this discretion, concluding that the evidence was admissible.

The appeal was dismissed.