WGC v The Queen

The High Court of Australia considered an appeal by WGC against a conviction for murder. The central dispute concerned the admissibility of certain evidence obtained during a police investigation.

The High Court was required to determine whether the evidence, which included statements made by the appellant and items seized from his property, had been obtained in contravention of the *Crimes Act 1914* (Cth) and, if so, whether it should have been excluded from admission at trial under s 138 of the *Evidence Act 1995* (Cth). A further issue was whether the trial judge had erred in admitting the evidence despite objections raised by the defence.

The Court analysed the provisions of the *Crimes Act* relating to the powers of police to question and search suspects, and the requirements for obtaining evidence. It then considered the principles governing the exclusion of improperly or illegally obtained evidence under s 138 of the *Evidence Act*, which requires a balancing of the desirability of admitting the evidence against the undesirability of admitting evidence that has been improperly or illegally obtained. The judges applied these principles to the facts of the case, considering the nature of the contravention, the importance of the evidence, and the strength of the evidence of guilt.

The High Court dismissed the appeal, finding that the trial judge had not erred in admitting the evidence.