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Australia illegally obtained evidence

Tofilau v The Queen

(2007) 231 CLR 396
JurisdictionAustralia
CourtHigh Court of Australia
Year2007
StatusBinding authority

Summary

Evidence obtained through controlled undercover operations is admissible in Australian criminal proceedings subject to statutory and discretionary safeguards.

Key Principle

entrapment; controlled operations; Crime Act; admissibility of evidence obtained by undercover operation

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123

Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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