Tolmie v The Queen

In *Tolmie v The Queen*, the High Court of Australia considered an appeal by the applicant, Tolmie, against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained during police investigations.

The High Court was required to determine whether the evidence, which included statements made by the applicant to police, had been obtained in circumstances that rendered it inadmissible under s 138 of the *Evidence Act 1995* (NSW). This involved assessing whether the admission of the evidence would have had a "disproportionate effect" to the public interest in preventing and punishing crime, considering the impropriety of the conduct by which the evidence was obtained.

The Court reasoned that the impropriety in obtaining the evidence, which involved the police failing to caution the applicant in accordance with their duties, was significant. However, it also weighed the public interest in bringing to justice those accused of serious crimes. Ultimately, the Court found that the impropriety, while serious, did not outweigh the public interest in admitting the evidence, particularly given the nature of the offence and the fact that the applicant was not a vulnerable person. The Court applied the principles of balancing the competing public interests as set out in s 138 of the *Evidence Act 1995* (NSW).

The appeal was dismissed.