Phung v the Queen M11/2002

The High Court of Australia heard an appeal by Mr. Phung against his conviction for murder. The dispute concerned the admissibility of certain evidence obtained during police investigations.

The primary legal issue before the High Court was whether the evidence, which included statements made by the appellant to police and items seized from his residence, had been obtained in contravention of the *Crimes Act 1914* (Cth) and, if so, whether it should have been excluded from the trial. Specifically, the court considered the application of section 235 of the *Crimes Act 1914* (Cth) concerning the admissibility of evidence obtained in contravention of the Act.

The High Court, in a joint judgment by Gleeson CJ and McHugh J, held that the evidence was obtained in contravention of the *Crimes Act 1914* (Cth). However, the Court found that the trial judge had not erred in admitting the evidence. The Court applied the principle that where evidence is obtained in contravention of a statute, it is not automatically inadmissible. Instead, the court must consider whether the admission of the evidence would be contrary to the public interest, weighing the seriousness of the contravention against the probative value of the evidence. In this instance, the Court concluded that the probative value of the evidence outweighed the public interest in excluding evidence obtained in contravention of the Act.

The appeal was dismissed.