Yates v The Queen

In *Yates v The Queen*, the High Court of Australia considered an appeal from a conviction for murder. The appellant, Yates, had been found guilty of murder by a jury in the Supreme Court of Victoria. The central issue on appeal concerned the admissibility of certain evidence obtained by police during their 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 (Confiscation of Profits) Act 1985* (Vic) and, if so, whether it should have been excluded from admission at trial. Specifically, the Court had to consider the application of section 16 of that Act, which deals with the admissibility of evidence obtained in contravention of the Act.

The Court reasoned that section 16 of the *Crimes (Confiscation of Profits) Act 1985* (Vic) provided a discretion to exclude evidence obtained in contravention of the Act, but this discretion was not absolute. The Court held that the evidence in question had been obtained in contravention of the Act. However, it found that the trial judge had erred in failing to properly exercise the discretion to exclude the evidence. The High Court applied the principles of fairness and the proper exercise of judicial discretion in admitting or excluding evidence, particularly where statutory provisions govern its admissibility.

The High Court allowed the appeal, quashed the conviction, and ordered a new trial.