Singh v The Queen; Nguyen v The Queen

Singh v The Queen and Nguyen v The Queen concerned appeals to the High Court of Australia from decisions of the Court of Criminal Appeal of New South Wales. The appeals arose from convictions for serious criminal offences. The central dispute revolved around the admissibility of certain evidence obtained during police investigations.

The High Court was required to determine whether the trial judges had erred in admitting evidence that had been obtained in circumstances that potentially infringed the appellants' rights. Specifically, the court considered whether the evidence was obtained in contravention of the appellants' rights under the *Law Enforcement (Powers and Responsibilities) Act 2002* (NSW) and, if so, whether it should have been excluded under section 138 of the *Evidence Act 1995* (NSW). The court also considered the proper application of the exclusionary rule in relation to evidence obtained in contravention of statutory provisions.

The High Court applied the principles governing the admissibility of evidence obtained in contravention of statutory provisions, particularly section 138 of the *Evidence Act 1995* (NSW). This section requires a court to exclude improperly or illegally obtained evidence unless the court is satisfied that the desirability of admitting the evidence outweighs the undesirability of admitting evidence that has been obtained in contravention of the law. The court analysed the competing considerations, including the probative value of the evidence, the seriousness of the contravention, and the importance of the rule of law. The court found that the trial judges had not erred in their application of section 138 and that the evidence was properly admitted.

The appeals were dismissed.