Milne v The Queen

The High Court of Australia considered an appeal by Mr. Milne against his conviction for murder. The central dispute concerned the admissibility of evidence obtained from Mr. Milne's mobile phone, which had been seized by police.

The High Court was required to determine whether the evidence obtained from Mr. Milne's mobile phone was admissible, notwithstanding that the police had not obtained a warrant for its seizure and examination. This involved considering the scope of police powers to seize and examine electronic devices under relevant legislation and the common law.

The Court reasoned that the common law power to seize and retain property extended to things that might be evidence of a crime. However, this power was not unlimited and was subject to the requirement that the retention and examination of the property be for a purpose connected with the investigation of a crime. The Court held that the police had acted within their powers in seizing and examining the mobile phone, as it was reasonable to believe it contained evidence relevant to the investigation of the murder. The Court affirmed the principles governing the admissibility of evidence obtained in such circumstances, emphasizing the need for a proper evidentiary basis for the belief that the device contained relevant information.

The appeal was dismissed.