Stevens v The Queen

The High Court of Australia considered an appeal by Stevens against a conviction for murder. The central dispute concerned the admissibility of evidence obtained through a covert recording of the appellant's conversations with a prison informant.

The primary legal issue before the High Court was whether the admission of the covertly recorded evidence, obtained in circumstances where the appellant was unaware he was being recorded, was an abuse of process that rendered the trial unfair. This required the Court to consider the principles governing the admissibility of evidence obtained in such a manner and the discretion of the trial judge to exclude evidence on the grounds of unfairness or abuse of process.

The High Court held that the admission of the covertly recorded evidence did not constitute an abuse of process. Their Honours reasoned that the informant was not acting as an agent of the police in eliciting information, but rather as a fellow inmate who voluntarily provided information to the authorities. The Court affirmed that the common law does not prohibit the use of evidence obtained by a private individual, even if that individual is acting in concert with the police, provided there is no entrapment or inducement. The trial judge had correctly exercised their discretion in admitting the evidence, as its probative value outweighed any potential prejudice to the appellant.

The appeal was dismissed.