Patrick - a pseudonym v The Queen

Patrick (a pseudonym) appealed to the High Court of Australia against his conviction for murder. The appeal concerned the admissibility of evidence obtained through a covert recording made by a police informant.

The central legal issue before the High Court was whether the admission of the covert recording, which was obtained in circumstances where the informant had not been cautioned as required by the *Crimes Act 1914* (Cth) s 23W(1), rendered the trial unfair. This required the Court to consider the application of s 23W and the principles governing the admission of evidence obtained in contravention of statutory provisions, particularly in the context of a criminal trial.

Kiefel and Bell JJ allowed the appeal, quashing the conviction. Their Honours held that the failure to caution the informant as required by s 23W(1) meant that the recording was obtained in contravention of a statutory provision. The Court found that the admission of this evidence was unfair to the appellant and that the trial judge had erred in admitting it. The legal principle applied was that evidence obtained in contravention of a statutory provision, particularly one designed to protect the rights of an accused, should not be admitted if its admission would render the trial unfair.

The High Court ordered that the conviction be quashed and remitted the matter to the Supreme Court of Victoria for a retrial.