Razak v The Queen

The High Court of Australia considered an appeal by Mr Razak against his conviction for murder. The central dispute concerned the admissibility of evidence obtained from Mr Razak's mobile phone, which had been seized by police.

The High Court was required to determine whether the evidence obtained from Mr Razak's mobile phone was unlawfully obtained, and if so, whether it should have been excluded from admission at trial under the *Uniform Evidence Law*. Specifically, the Court had to consider the application of s 138 of the *Uniform Evidence Law*, which governs the exclusion of improperly or illegally obtained evidence.

The Court reasoned that the police had acted unlawfully in seizing and accessing the contents of Mr Razak's mobile phone without a warrant or his consent. However, the Court held that the admission of the evidence, despite being unlawfully obtained, was not an error that warranted setting aside the conviction. The Court applied the principles of discretionary exclusion under s 138, weighing the probative value of the evidence against the undesirability of admitting evidence obtained in contravention of the law. The Court found that the evidence was highly probative and that its admission was not so unfair to the appellant as to require exclusion.

The appeal was dismissed.