ML v The Queen

The case of ML v The Queen concerned an appeal to the Full Court of the Supreme Court of Victoria. The appellant, ML, was appealing against her conviction for a number of offences, including aggravated burglary, assault with intent to resist arrest, and criminal damage. The central dispute revolved around the admissibility of certain evidence obtained by police during the investigation of these offences.

The primary legal issue before the Court was whether the evidence obtained by police, specifically CCTV footage and statements made by the appellant, had been unlawfully obtained contrary to the *Charter of Human Rights and Responsibilities Act 2006* (Vic). The appellant argued that the police conduct in obtaining this evidence infringed her right to privacy and her right to be free from arbitrary interference with her person or property, thereby rendering the evidence inadmissible under section 138 of the *Evidence Act 2008* (Vic).

Bell and Gordon JJ considered the application of section 138 of the *Evidence Act 2008* (Vic), which requires a court to exclude improperly or illegally obtained evidence unless the desirability of admitting the evidence outweighs the undesirability of admitting it. The Court analysed the specific circumstances of the evidence gathering, weighing the seriousness of the alleged contraventions of the *Charter* against the probative value of the evidence and the interests of justice. The Court ultimately found that while there may have been some technical breaches of the appellant's rights, the desirability of admitting the evidence, given its relevance to the charges, outweighed the undesirability of admitting it.

The appeal was dismissed, and the conviction upheld.