State of New South Wales v Bujdoso

The High Court of Australia considered an appeal by the State of New South Wales against a decision of the Court of Criminal Appeal of New South Wales, which had allowed an appeal by the respondent, Mr. Bujdoso, against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained from the respondent.

The High Court was required to determine whether the Court of Criminal Appeal had erred in finding that the evidence obtained from the respondent, specifically DNA evidence derived from blood samples taken from him, was inadmissible under section 82(1) of the *Evidence Act 1995* (NSW). This section renders inadmissible evidence obtained improperly or in contravention of an Australian law. The further issue was whether, if the evidence was inadmissible, the Court of Criminal Appeal had correctly applied the proviso to section 82(1), which allows for the admission of such evidence if its probative value outweighs the prejudice to the accused.

The High Court, by majority, held that the Court of Criminal Appeal had erred in its determination. The majority reasoned that the blood samples were not obtained in contravention of an Australian law, as the police had acted within their powers under the *Crimes Act 1900* (NSW) to take samples from a person in lawful custody. Furthermore, the majority found that even if the evidence had been improperly obtained, its probative value significantly outweighed any prejudice to the respondent, thus justifying its admission under the proviso. The Court of Criminal Appeal's decision was therefore overturned.