SMR v The Queen

The High Court of Australia considered an appeal by SMR against a conviction for murder, following a decision of the Supreme Court of Queensland. The central dispute concerned the admissibility of certain evidence obtained during a police investigation.

The High Court was required to determine whether the evidence, which included a confession made by SMR to police, had been obtained in contravention of the *Criminal Code* (Qld) and, if so, whether it should have been excluded from admission at trial. Specifically, the Court had to consider the application of s 590A of the *Criminal Code* and the common law exclusionary rule concerning improperly or illegally obtained evidence.

The Court reasoned that the evidence in question was obtained in contravention of the *Criminal Code*. However, it held that the trial judge had not erred in admitting the evidence. The High Court applied the principle that where evidence is obtained in contravention of a statutory provision, the court retains a discretion to admit that evidence if its probative value outweighs any prejudice to the accused. In this instance, the Court found that the probative value of the confession was high and that the prejudice to SMR did not warrant its exclusion.

The appeal was dismissed.