Maloney v The Queen

The High Court of Australia considered an appeal by Mr Maloney against his conviction for murder. The central dispute concerned the admissibility of evidence obtained from a search of Mr Maloney's property, which was conducted without a warrant. The prosecution contended that the search was lawful under s 98 of the *Crimes Act 1914* (Cth), which permits searches without a warrant if the officer believes on reasonable grounds that evidence of an indictable offence is likely to be found and that it is not practicable to obtain a warrant. Mr Maloney argued that the evidence obtained from this search should have been excluded due to the illegality of the search.

The High Court was required to determine whether the police officers had reasonable grounds to believe that evidence of an indictable offence was likely to be found at Mr Maloney's property and whether it was not practicable to obtain a warrant. Further, the Court had to consider whether, if the search was unlawful, the evidence obtained should have been admitted under s 138 of the *Evidence Act 1995* (Cth), which allows for the admission of unlawfully or illegally obtained evidence if its probative value outweighs the public interest in preserving the integrity of the administration of justice.

The Court analysed the evidence presented to the police officers prior to the search, focusing on whether it established reasonable grounds for their belief. It was held that the information available to the officers did not, on its own, support a belief that evidence of an indictable offence was likely to be found at the property. Consequently, the search was deemed unlawful. The Court then considered the application of s 138, weighing the probative value of the evidence against the public interest in excluding unlawfully obtained evidence. The Court found that the probative value of the evidence did not outweigh the public interest in maintaining the integrity of the administration of justice, and therefore, the evidence should have been excluded.

The appeal was allowed, Mr Maloney's conviction was quashed, and a retrial was ordered.