The King v Yovanovic

The King brought proceedings against Yovanovic in the Supreme Court of New South Wales. The dispute concerned the admissibility of certain evidence during Yovanovic's trial for a serious criminal offence. The Court of Criminal Appeal was tasked with determining whether the trial judge had erred in admitting this evidence.

The central legal issue before the Court of Criminal Appeal was whether the evidence in question, which included statements made by the accused, was obtained in contravention of Yovanovic's rights under the *Crimes (Appeal and Regulation) Act 1994* (NSW) and, if so, whether it should have been excluded under section 138 of the *Evidence Act 1995* (NSW). This involved considering the balance between the probative value of the evidence and the impropriety of its admission.

The Court analysed the circumstances under which the statements were obtained, paying close attention to the provisions of the *Crimes (Appeal and Regulation) Act 1994* (NSW) regarding the rights of an accused person. It then applied the principles of section 138 of the *Evidence Act 1995* (NSW), which requires a court to consider whether the desirability of admitting the evidence outweighs the undesirability of admitting evidence that was improperly or illegally obtained. The Court found that the trial judge had not erred in admitting the evidence, as the probative value was high and the impropriety, while present, did not warrant exclusion in light of the statutory balancing exercise.

The appeal was dismissed.