R v LK; R v RK

The High Court of Australia considered appeals by two accused, R v LK and R v RK, against their convictions for murder. The central dispute concerned the admissibility of evidence obtained through covert surveillance, specifically recordings made by listening devices planted in the applicants' homes. The applicants argued that the use of this evidence was an abuse of process and that the trial judge erred in admitting it.

The High Court was required to determine whether the admission of the recordings constituted an abuse of process, thereby rendering the convictions unsafe. This involved considering the scope of the court's power to stay proceedings or exclude evidence in such circumstances, and the principles governing the exercise of that discretion. The Court also had to assess whether the evidence, if admitted, was so prejudicial as to outweigh its probative value.

The Court reasoned that while the use of listening devices was a serious matter, the admissibility of evidence obtained through such means was governed by established legal principles, not solely by the broad concept of abuse of process. The relevant test for exclusion of evidence, particularly in criminal matters, is whether its probative value is outweighed by the danger of unfair prejudice to the accused. The Court found that the trial judge had properly applied this test, carefully weighing the prejudicial effect of the recordings against their significant probative value in establishing the applicants' involvement in the murders. The Court concluded that the admission of the evidence was not an abuse of process and did not render the convictions unsafe.

The appeals were dismissed.