The Queen v FJB

The Queen (represented by the Crown) brought proceedings against FJB. The dispute concerned the admissibility of certain evidence during FJB's trial. The case was heard by McHugh and Callinan JJ of the High Court of Australia.

The central legal issue before the High Court was whether the evidence obtained from FJB, which was alleged to have been obtained in contravention of FJB's rights, should have been admitted into evidence at trial. This involved considering the principles governing the exclusion of improperly or illegally obtained evidence.

McHugh and Callinan JJ considered the discretion of a trial judge to exclude evidence that, while relevant, has been obtained improperly or illegally. Their Honours affirmed that such discretion exists and is to be exercised by weighing the probative value of the evidence against the unfairness to the accused that its admission might occasion. The court emphasised that the onus is on the accused to demonstrate that the evidence should be excluded on this basis.

The High Court ultimately held that the evidence in question was admissible and that the trial judge had not erred in admitting it.