Mokbel v The Queen

The case of *Mokbel v The Queen* concerned an appeal by Mr Tony Mokbel against his conviction for conspiracy to import a commercial quantity of cocaine. The appeal was heard by the Full Court of the Supreme Court of Victoria.

The central legal issue before the Court was whether the trial judge had erred in admitting certain evidence, specifically evidence obtained from a confidential informant, which the appellant argued was improperly obtained and therefore inadmissible. The Court was required to consider the principles governing the admissibility of such evidence, particularly in the context of potential breaches of confidence and the public interest in the disclosure of criminal activity.

The Court ultimately dismissed the appeal. It reasoned that while the circumstances surrounding the obtaining of the informant's evidence were unusual and raised concerns, the evidence was nonetheless admissible. The Court applied established principles regarding the admissibility of evidence, balancing the need for a fair trial with the public interest in the prosecution of serious offences. The Court found that the trial judge had correctly exercised their discretion in admitting the evidence, and that no miscarriage of justice had occurred.