State of New South Wales v Wojciechowska & Ors

The High Court of Australia considered an appeal by the State of New South Wales against a decision of the Court of Appeal of the Supreme Court of New South Wales. The dispute concerned the interpretation and application of the *Crimes (Appeal and Review) Act 2001* (NSW) and the *Crimes Act 1900* (NSW) in relation to the admissibility of evidence in criminal proceedings. The core of the matter involved whether certain evidence, obtained through an alleged breach of a statutory duty, could be admitted against the respondents.

The primary legal issue before the High Court was whether the Court of Appeal had erred in its determination that evidence obtained in contravention of a statutory provision, specifically section 139 of the *Crimes Act 1900* (NSW), should have been excluded from admission. This involved considering the scope of the discretion to admit such evidence under section 139 and the principles governing the admissibility of evidence obtained improperly or in contravention of law.

The High Court, in its joint judgment, reasoned that section 139 of the *Crimes Act 1900* (NSW) confers a discretion on the court to admit evidence obtained in contravention of the section, provided that the contravention was not deliberate or was reasonably believed to be justified. The Court clarified that the discretion is not unfettered and requires a balancing of competing interests, including the public interest in the administration of justice and the need to deter unlawful conduct by law enforcement officers. The Court found that the Court of Appeal had misapplied the principles governing this discretion by imposing an overly restrictive interpretation on the circumstances under which evidence could be admitted.

The High Court allowed the appeal, setting aside the orders of the Court of Appeal and remitting the matter to the Court of Appeal to determine the admissibility of the evidence in accordance with the High Court's reasons.