The Bunning v Cross discretion to exclude illegally obtained evidence or stay proceedings applies to controlled drug importations where police participate in the illegal importation, but where the accused instigated the importation and was not induced to commit the crime, the balance of competing public interests favours admissibility. An international convention that has not been incorporated into Australian domestic law by legislation cannot justify executive or police conduct that would otherwise be unlawful. The Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 (Cth), which first provided for controlled deliveries, did not operate retrospectively to justify police conduct occurring before its commencement.
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