Petkos v The Queen

The High Court of Australia considered an appeal by the applicant, Mr Petkos, against his conviction for murder. The central dispute concerned the admissibility of evidence obtained through a covert recording made by a police informant.

The High Court was required to determine whether the admission of the covert recording, which was obtained in circumstances where the applicant had a reasonable expectation of privacy, was an unfair use of evidence under section 137 of the *Evidence Act 1995* (NSW). This involved considering the balance between the probative value of the evidence and the risk of unfair prejudice to the applicant.

The Court reasoned that the admission of evidence obtained in circumstances where a person has a reasonable expectation of privacy, without their knowledge or consent, carries a significant risk of unfair prejudice. Applying the principles of s 137, the High Court held that the probative value of the recording was outweighed by the danger that it might be unfairly prejudicial to the applicant. Consequently, the Court allowed the appeal, quashed the conviction, and ordered a new trial.