Ridgeway v the Queen

The case of *Ridgeway v The Queen* concerned an appeal to the High Court of Australia following a conviction for conspiracy to import a prohibited substance. The appellant, Ridgeway, was convicted in the Supreme Court of Victoria on charges related to the importation of heroin. The central dispute revolved around the admissibility of evidence obtained through alleged entrapment.

The High Court was required to determine whether the trial judge had erred in admitting evidence obtained by police officers who had allegedly induced the appellant to commit the offence. Specifically, the court considered the principles governing the exercise of discretion by a judge to exclude evidence obtained by unlawful or unfair means, and whether the conduct of the police in this instance amounted to entrapment such that the evidence should have been excluded in the interests of a fair trial.

The majority of the High Court held that the trial judge had a discretion to exclude evidence obtained by unlawful or unfair means, even if that evidence was relevant and admissible. This discretion was to be exercised by balancing the probative value of the evidence against the unfairness to the accused that its admission would occasion. The court found that the police conduct in this case, while perhaps bordering on entrapment, did not reach a level that would necessitate the exclusion of the evidence in the interests of a fair trial. The appeal was therefore dismissed.