Nan v Director of Public Prosecutions

This matter concerned an appeal by Nan against a decision of the Director of Public Prosecutions. The specific nature of the dispute and the lower court's decision are not detailed in the provided text, beyond the fact that it proceeded to the High Court of Australia.

The High Court was required to determine the legal principles governing the admissibility of evidence in criminal proceedings, particularly in relation to the circumstances under which evidence obtained in contravention of a statutory provision might be excluded.

The Court considered the application of section 138 of the *Evidence Act 1995* (NSW), which provides a discretion to admit evidence improperly or illegally obtained. Gleeson CJ and Gaudron J applied the principles established in *Bally v The Queen*, emphasizing that the discretion under section 138 requires a balancing of the public interest in the admission of relevant evidence against the public interest in discouraging unlawful or improper conduct by law enforcement officers. The Court noted that the weight to be given to the impropriety or unlawfulness of the conduct is a significant factor in this balancing exercise.

The final orders or outcome of the appeal are not provided in the text.