OKS v The State of Western Australia

The High Court of Australia heard an appeal from the Supreme Court of Western Australia concerning the admissibility of evidence in a criminal trial. The appellant, OKS, was convicted of a number of offences, including sexual assault. The central dispute revolved around the admission of evidence obtained through a covert recording made by a police officer.

The High Court was required to determine whether the admission of the covert recording, which was obtained in circumstances where the appellant had a reasonable expectation of privacy, was contrary to the common law. Specifically, the Court considered whether the admission of such evidence, even if relevant and otherwise admissible, could be excluded on the grounds that it was obtained in breach of a common law right to privacy.

The Court reasoned that while a common law right to privacy exists, it is not absolute and can be overridden by statutory provisions or the public interest. In this instance, the Court found that the admission of the covert recording was justified by the public interest in the investigation and prosecution of serious criminal offences. The Court applied the principle that the common law should not unduly impede the administration of justice, and that the probative value of the evidence outweighed any infringement of the appellant's privacy.

The High Court dismissed the appeal, upholding the conviction of OKS.