Kadir v The QueenGrech v The QueenCitation:[2020] HCA 1Before:Kiefel CJ, Bell, Keane, Nettle, Edelman JJDate:05 Feb 2020Case Number:S160/2019, S163/2019Read more
The court held that the weighing of competing public interests under s 138 does not differ between evidence obtained directly in contravention of law and evidence obtained in consequence of such contravention. Each item of evidence must be considered individually to determine admissibility.
- Jurisdiction
- Australia
- Judgment Date
- 05 February 2020
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Admissibility of Evidence, Improperly Obtained Evidence, Public Interest, Animal Cruelty
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether evidence obtained in contravention of Australian law is admissible under s 138 of the Evidence Act 1995 (NSW)
- 2 Whether the difficulty of lawfully obtaining evidence weighs in favour of admission
- 3 Whether the weighing of competing public interests differs for evidence obtained directly in contravention of law versus in consequence of such contravention
Ratio Decidendi
The court held that the weighing of competing public interests under s 138 does not differ between evidence obtained directly in contravention of law and evidence obtained in consequence of such contravention. Each item of evidence must be considered individually to determine admissibility.
Court Disposition
Appeal dismissed
Orders
- Each item of evidence must be considered individually for admissibility under s 138 of the Evidence Act 1995 (NSW).
Full Case Text
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