R v P

This matter concerned an appeal by the Crown against a decision of the Full Court of the Supreme Court of South Australia, which had upheld an appeal by the respondent, P, against his conviction for murder. The central dispute revolved around the admissibility of certain evidence obtained from P following his arrest.

The High Court was required to determine whether the evidence, specifically statements made by P to police and items seized from his home, had been improperly obtained, thereby rendering it inadmissible under section 82(1) of the *Evidence Act 1929* (SA). This involved considering whether the evidence was obtained in contravention of the *Criminal Law (Sentencing) Act 1988* (SA) and, if so, whether its admission would be unfair to the accused.

Gaudron and McHugh JJ held that the evidence was obtained in contravention of the *Criminal Law (Sentencing) Act* because P had not been brought before a justice without unreasonable delay as required by that Act. Their Honours further found that the admission of this improperly obtained evidence would have been unfair to P, as it was obtained in circumstances where his rights had been infringed. Consequently, the evidence should have been excluded.

The High Court allowed the Crown's appeal, setting aside the order of the Full Court of the Supreme Court of South Australia and remitting the matter to the Court of Criminal Appeal of South Australia for determination according to law.