RJR v The Queen

The High Court of Australia considered an appeal by RJR against a conviction for murder. The central dispute concerned the admissibility of certain evidence obtained during a police investigation.

The primary legal issue before the Court was whether the evidence, which included statements made by the appellant to police, had been obtained in contravention of the *Crimes Act 1914* (Cth) and, if so, whether it should have been excluded from admission at trial under s 138 of the *Evidence Act 1995* (Cth). This involved determining whether the probative value of the evidence outweighed the public interest in preserving the integrity of the administration of justice.

Callinan and Heydon JJ, in separate judgments, both found that the evidence had been obtained in contravention of the *Crimes Act*. However, they differed on the application of s 138. Callinan J concluded that the evidence should have been admitted, finding that its probative value was high and that the contravention, while established, did not warrant exclusion. Heydon J, conversely, held that the contravention was significant and that the public interest in maintaining the integrity of the justice system required the exclusion of the evidence, even if it meant the acquittal of the appellant.

The appeal was allowed, and the conviction was quashed.