MBJ v The Queen

The High Court of Australia heard an appeal by MBJ against a decision of the Court of Appeal of the Supreme Court of Victoria. The appeal concerned the admissibility of certain evidence in a criminal trial.

The central legal issue before the High Court was whether the admission of evidence obtained through a covert recording, made by a police informant, was lawful under the *Crimes Act 1958* (Vic) and, if not, whether its admission nonetheless occasioned a substantial miscarriage of justice. The Court was required to consider the application of s 464H of the *Crimes Act 1958* (Vic) concerning the recording of interviews with suspects.

The High Court held that the recording in question was not made in accordance with the requirements of s 464H of the *Crimes Act 1958* (Vic). However, the Court found that the admission of the evidence did not occasion a substantial miscarriage of justice. This was because the jury had been given a strong warning about the unreliability of the evidence, and the other evidence against the appellant was overwhelming. The Court therefore dismissed the appeal.