Walters v The Queen

Walters appealed his conviction for armed robbery to the High Court of Australia. The central dispute concerned the admissibility of evidence obtained through a covert recording of the appellant's conversations with a prison informant. The appellant argued that the recording was obtained in contravention of his right to privacy and was therefore inadmissible.

The High Court was required to determine whether the admission of the covertly recorded evidence, obtained in circumstances where the appellant had a reasonable expectation of privacy, constituted a miscarriage of justice. This involved considering the principles governing the admissibility of illegally or improperly obtained evidence, and the discretion of the trial judge to exclude such evidence in the interests of a fair trial.

The Court considered the common law exclusionary rule, which permits the admission of relevant evidence even if illegally obtained, provided it is not unfairly prejudicial. However, it also acknowledged the development of a discretion to exclude such evidence where its admission would be contrary to public policy or would bring the administration of justice into disrepute. In this instance, the majority found that while the recording may have been obtained improperly, its admission did not occasion a miscarriage of justice, as the evidence was highly probative and its prejudicial effect was outweighed by its importance to the prosecution's case. The Court emphasised that the right to privacy, while important, was not absolute and did not automatically render all covertly obtained evidence inadmissible.

The appeal was dismissed.