Thomas Hofer v The Queen

Thomas Hofer appealed to the High Court of Australia against his conviction for murder. The appeal concerned the admissibility of evidence obtained through a covert recording made by a police informant.

The central legal issue before the High Court was whether the admission of the covert recording, which was obtained in circumstances where the appellant was unaware he was being recorded, constituted a miscarriage of justice. This required the Court to consider the application of the exclusionary rule concerning improperly or illegally obtained evidence, and whether the probative value of the evidence outweighed any prejudice it might cause to the appellant.

The High Court ultimately allowed the appeal, quashing the conviction and ordering a new trial. Their Honours reasoned that the admission of the covert recording was an error that had the potential to cause a miscarriage of justice. The Court applied the principle that evidence obtained in contravention of established legal rules or in circumstances that offend fundamental rights may be excluded if its prejudicial effect outweighs its probative value. In this instance, the manner in which the evidence was obtained was found to be of such a nature that its admission was deemed unfair to the appellant.