The King v Rohan (a pseudonym)

The King, represented by the Crown, brought proceedings against Rohan (a pseudonym). The dispute concerned the admissibility of certain evidence during Rohan's trial. The matter came before Gleeson J.

The central legal issue before the court was whether evidence obtained in breach of a statutory provision, specifically section 138 of the *Evidence Act 1995* (NSW), should be admitted in criminal proceedings. This involved considering the balance between the public interest in having all relevant evidence before the court and the public interest in ensuring that law enforcement agencies comply with statutory requirements.

Gleeson J applied the principles outlined in section 138 of the *Evidence Act 1995* (NSW), which requires a court to refuse to admit evidence if it was obtained improperly or in contravention of an Australian law, unless the desirability of admitting the evidence outweighs the undesirability of admitting it. His Honour considered various factors, including the probative value of the evidence, the importance of the evidence in the proceeding, whether the contravention was deliberate or reckless, and whether the proceedings were affected by the contravention. The court weighed these factors to determine whether the public interest favoured admission or exclusion of the evidence.

The court ultimately made orders regarding the admissibility of the evidence in question.