Sood v The Queen

In *Sood v The Queen*, the High Court of Australia considered an appeal from a conviction for murder. The appellant, Mr. Sood, had been found guilty of murder by a jury in the Supreme Court of Victoria. The central dispute on appeal concerned the admissibility of certain evidence obtained from the appellant.

The High Court was required to determine whether the evidence obtained from the appellant, specifically a statement made to police and a DNA sample, was unlawfully obtained. This question turned on whether the police had reasonable grounds to suspect the appellant of having committed the offence of murder at the time the evidence was procured, and whether the evidence was obtained in accordance with the *Crimes Act 1958* (Vic).

The Court reasoned that the admissibility of evidence obtained in contravention of statutory provisions is governed by s 138 of the *Evidence Act 1995* (Cth) and its State equivalent. This section requires a balancing exercise, weighing the desirability of admitting the evidence against the undesirability of admitting evidence obtained in contravention of the law. In this instance, the Court found that the police did not have reasonable grounds to suspect Mr. Sood of murder at the time the evidence was obtained. Consequently, the evidence was unlawfully obtained. The Court then applied the balancing exercise under s 138, concluding that the desirability of admitting the evidence did not outweigh the undesirability of admitting evidence obtained in contravention of the law.

The High Court allowed the appeal, quashed the conviction, and ordered a new trial.