Markan v The Queen

The High Court of Australia considered an appeal by Markan against a conviction for murder. The central dispute concerned the admissibility of evidence obtained through a covert recording made by a police informant. The appeal was brought before Kiefel J.

The primary legal issue before the Court was whether the evidence obtained from the covert recording was admissible, notwithstanding that the recording was made in circumstances that might otherwise have been considered a breach of privacy. This involved an examination of the common law principles governing the admissibility of evidence, particularly in the context of police investigations and the potential for such evidence to be unfairly prejudicial.

Kiefel J analysed the principles of admissibility, noting that evidence obtained unlawfully or improperly may still be admitted if its probative value outweighs its prejudicial effect. The Court considered the nature of the evidence, the circumstances of its acquisition, and the importance of the evidence to the prosecution's case. The ultimate determination of admissibility rested on a balancing exercise, weighing the public interest in the conviction of offenders against the public interest in the protection of individual privacy and the proper conduct of police investigations. The Court found that the evidence was admissible.