Australia Leading Case improperly obtainedexclusionary discretionpublic policy

Bunning v Cross

[1978] HCA 22; (1978) 141 CLR 54

JurisdictionAustralia

CourtHigh Court of Australia

Year1978

StatusBinding authority

Key Principle

A court has a public-policy discretion to exclude improperly or illegally obtained evidence, balancing the public interest in convicting the guilty against the public interest in protecting individuals from unlawful and unfair treatment by law enforcement.

Area of Law

Criminal Law, Procedure & Evidence

Related Cases

McAuliffe v The Queen [1995] HCA 37; (1995) 183 CLR 108

M v The Queen [1994] HCA 63; (1994) 181 CLR 487

Domican v The Queen [1992] HCA 13; (1992) 173 CLR 555

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