Tognolini v The Queen

The High Court of Australia considered an appeal by Mr Tognolini against his conviction for offences under the *Proceeds of Crime Act 1987* (Cth) and the *Crimes Act 1914* (Cth). The dispute concerned the admissibility of certain evidence, specifically financial records obtained by the Australian Federal Police, and whether their admission at trial had occasioned a miscarriage of justice.

The central legal issue before the High Court was whether the admission of the financial records, which were obtained pursuant to a search warrant that was later found to be invalid, constituted a miscarriage of justice. This required the Court to consider the principles governing the admission of evidence obtained in contravention of the law, and the test for determining whether such an admission had led to a miscarriage of justice.

The Court reasoned that the admission of evidence obtained in contravention of the law is permissible under section 79 of the *Judiciary Act 1903* (Cth) if it is relevant and its probative value outweighs any prejudice. However, where the evidence is obtained in contravention of a statutory provision, the court must consider whether the contravention was of a kind that rendered the evidence inadmissible. In this instance, the Court found that the invalidity of the search warrant meant the evidence was obtained unlawfully. The Court then applied the test for miscarriage of justice, considering whether the jury would likely have reached a different verdict had the evidence not been admitted.

The High Court allowed the appeal, quashed the conviction, and ordered a new trial.