R v Cresnar (No 2)

In the matter of R v Cresnar (No 2), the accused was being tried for a criminal offence before a single judge in the County Court of Victoria. The prosecution sought to adduce evidence that had been obtained in breach of the accused's rights under the Australian Constitution. The accused objected to the evidence on the basis that it was inadmissible under sections 90 and 138 of the Evidence Act 1995 (Vic). The court had to determine whether the evidence should be excluded under these provisions.

The court considered whether the impugned evidence was obtained in a way that was unfair to the accused, and whether it was obtained in a way that infringed the accused's rights under the Australian Constitution. The court found that the evidence was obtained in a way that was unfair to the accused, and that it was obtained in a way that infringed the accused's rights under the Australian Constitution. The court found that the evidence should be excluded under sections 90 and 138 of the Evidence Act.

The court held that the evidence was improperly obtained and was therefore inadmissible. The court found that the evidence was obtained in a way that was unfair to the accused, and that it was obtained in a way that infringed the accused's rights under the Australian Constitution. The court held that the evidence should be excluded under sections 90 and 138 of the Evidence Act. The court excluded the impugned evidence.

The court ordered that the impugned evidence be excluded pursuant to sections 90 and 138 of the Evidence Act.