The Queen v Serratore

The Queen (appellant) appealed to the High Court of Australia against the decision of the Supreme Court of Victoria, Court of Appeal, which had allowed an appeal by Mr Serratore (respondent) against his conviction for a number of offences. The primary dispute concerned the admissibility of certain evidence obtained by police during an investigation.

The central legal issue before the High Court was whether the evidence, which included statements made by the respondent and items seized from his property, had been obtained in contravention of the *Crimes Act 1958* (Vic) and, if so, whether that evidence should have been admitted into the criminal proceedings. This involved consideration of the proper application of the exclusionary rule in relation to improperly or illegally obtained evidence.

Gummow and Callinan JJ held that the evidence in question had been obtained in contravention of the *Crimes Act 1958* (Vic). Their Honours reasoned that the police had failed to comply with the requirements of the Act regarding the arrest and questioning of the respondent. Applying the exclusionary rule, the Court found that the evidence should not have been admitted because its admission would have been unfair to the respondent. The appeal was therefore dismissed.