Weitering v The Queen

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

The primary legal issue before the High Court was whether the trial judge had erred in admitting evidence that had been obtained in contravention of the *Crimes Act 1914* (Cth). Specifically, the court had to determine whether the evidence, which included admissions made by the applicant, was rendered inadmissible by section 138 of the *Evidence Act 1995* (NSW) (which applied in the ACT where the trial took place) due to the manner in which it was obtained.

The High Court, comprising Hayne and Callinan JJ, reasoned that section 138 of the *Evidence Act 1995* (NSW) required a balancing exercise. The court had to weigh the desirability of admitting the evidence against the undesirability of admitting evidence that had been obtained improperly or in contravention of law. In this instance, the court found that the impropriety in the obtaining of the evidence was not so significant as to outweigh the probative value of the admissions made by the applicant. The court affirmed the principle that the exclusion of improperly obtained evidence is not automatic, but rather a matter for the discretion of the court, guided by the statutory balancing test.

The appeal was dismissed.