The High Court of Australia in recent months has delivered a number of significant decisions relevant to government agencies involved in the investigation and prosecution of regulatory offences.
Two of these matters involve the interpretation of Evidence Act provisions. In these matters the High Court of Australia considered whether the following was admissible:
- a previous representation made by an employee that is taken to be an admission by an accused employer, if the representation is made within the scope of the employee's employment;
- improperly obtained evidence in circumstances where footage of animal cruelty was obtained following a trespass onto private land.
The HCA also delivered judgment with respect to a search warrant executed by the Australian Federal Police and determined the warrant to be invalid.
In this seminar, our presenters will discuss the decisions delivered by the High Court of Australia in:
- Commonwealth of Australia v Helicopter Resources Pty Ltd  HCA 16;
- Kadir & Grech v The Queen  HCA 1; and
- Smethurst & Anor v Commissioner of Police & Anor  HCA 14
Reviewed 05 August 2021