PNJ v The Queen

The High Court of Australia considered an appeal by PNJ against a decision of the Supreme Court of Queensland, Court of Appeal. The dispute concerned the admissibility of certain evidence in a criminal trial.

The central legal issue before the High Court was whether the evidence, which included a confession made by the appellant, had been obtained in contravention of the *Criminal Law Amendment Act 1997* (Qld) and, if so, whether it should have been admitted into evidence by the trial judge. The High Court also considered the application of the exclusionary rule at common law.

The High Court held that the evidence was obtained in contravention of the *Criminal Law Amendment Act 1997* (Qld). However, it found that the trial judge had not erred in admitting the evidence, as the contravention did not necessitate its exclusion under the common law exclusionary rule. The Court reasoned that the admission of the evidence, despite the contravention, was not unfair to the appellant and that the probative value of the confession outweighed any prejudice. The appeal was dismissed.