Wharton, Pearce and Tieleman v The Queen

In *Wharton, Pearce and Tieleman v The Queen*, the High Court of Australia considered appeals against convictions for conspiracy to import a commercial quantity of a border-controlled drug. The appellants were convicted in the District Court of New South Wales, and their appeals to the Court of Criminal Appeal of New South Wales were dismissed. The central dispute concerned the admissibility of certain evidence obtained through electronic surveillance and the proper application of the law relating to conspiracy.

The High Court was required to determine, among other issues, whether the evidence obtained by the Australian Federal Police through the use of listening devices and tracking devices was lawfully obtained and therefore admissible. Further, the Court had to consider whether the trial judge had erred in directing the jury on the elements of the offence of conspiracy, particularly in relation to the requirement for an agreement between two or more persons to do an unlawful act. The appellants also contended that the evidence did not establish a conspiracy to import a commercial quantity of the specified drug.

The Court analysed the provisions of the *Crimes Act 1914* (Cth) and relevant case law concerning the admissibility of evidence obtained under warrant. It held that the warrants for the use of listening devices were validly issued and that the evidence obtained was therefore admissible. Regarding the conspiracy charge, the Court affirmed the established principles that a conspiracy requires an agreement between two or more persons to pursue a course of conduct which, if carried out in accordance with their intentions, would amount to or involve the commission of any offence. The Court found that the evidence presented at trial was sufficient to allow a jury to conclude beyond reasonable doubt that the appellants had entered into such an agreement.

The appeals were dismissed.