Wedi Ndjeka Bembo v The Queen

Wedi Ndjeka Bembo sought leave to appeal against his conviction for conspiracy to import a commercial quantity of a border-controlled drug. The case was heard in the High Court of Australia. The primary issue was whether the trial judge erred in refusing to exclude evidence of drugs found during a second search of the applicant's property. The secondary issue was whether the probative value of this evidence outweighed any prejudicial effect.

The court examined the evidence in light of the statutory provisions and relevant case law, particularly IMM v The Queen (2016). It considered whether the trial judge's decision to admit the evidence was correct and whether it resulted in a substantial miscarriage of justice. The court found that the evidence was relevant and admissible under the Evidence Act 2008 (Vic) s 137, and that the trial judge's decision to admit it was correct. Consequently, the application for leave to appeal against the conviction was granted, but the appeal itself was dismissed. Additionally, the court considered a second issue regarding the admissibility of a telephone conversation concerning domestic drug trafficking, finding it relevant and admissible, and thus refused leave to appeal on this point.

The final orders of the court were that leave to appeal against the conviction was granted, but the appeal was dismissed. The court also refused leave to appeal regarding the admissibility of the telephone conversation.