Velevski v The Queen

The High Court of Australia considered an appeal by Mr. Velevski against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained during the investigation of the offence.

The primary legal issue before the High Court was whether the trial judge had erred in admitting evidence that was obtained in contravention of the *Crimes Act 1914* (Cth). Specifically, the Court had to determine whether the admission of this evidence, despite its unlawful procurement, was justified under the proviso to section 132 of the *Crimes Act 1914* (Cth), which allows for the admission of evidence if it is established that the evidence would have been discovered apart from the contravention.

The Court reasoned that the proviso to section 132 of the *Crimes Act 1914* (Cth) requires the prosecution to prove beyond reasonable doubt that the evidence would have been discovered irrespective of the unlawful conduct. In this instance, the Court found that the prosecution had failed to discharge this onus. Consequently, the admission of the evidence was deemed to be an error.

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