R v Tang

The High Court of Australia considered the appeal of R v Tang, a case concerning the admissibility of evidence obtained through a covert recording. The central dispute revolved around whether the recording, made by a police informant, was obtained unlawfully and, if so, whether its admission at trial would be an abuse of process.

The High Court was required to determine whether the recording was obtained in contravention of the *Crimes Act 1914* (Cth) and, consequently, whether the trial judge erred in admitting the evidence. A key legal issue was the interpretation of provisions relating to the use of listening devices and the circumstances under which evidence obtained by such means might be excluded.

The Court's reasoning focused on the nature of the informant's actions and the relevant statutory provisions. It was held that the informant, acting under police direction, had used a listening device without a warrant, which constituted an unlawful act. However, the Court then considered the discretion to admit unlawfully obtained evidence, applying the principle that exclusion is not automatic. The judges weighed the probative value of the evidence against the impropriety of its acquisition, ultimately concluding that the admission of the recording was not an abuse of process and that the trial judge had exercised their discretion appropriately.