Bakewell v The Queen

The High Court of Australia considered an appeal by Bakewell against his conviction for murder. The central dispute concerned the admissibility of a confession made by Bakewell to police.

The High Court was required to determine whether the confession was improperly obtained, thereby rendering it inadmissible under the common law. Specifically, the Court had to consider whether Bakewell's confession was voluntary, and if not, whether its admission would nonetheless be a miscarriage of justice.

The Court reasoned that a confession is involuntary if it is obtained by means of an untrue representation or a promise, or by violence or threats. In this instance, the Court found that Bakewell's confession was not voluntary because it was induced by a police officer's representation that Bakewell would be released if he confessed. The Court held that the admission of this involuntary confession constituted a miscarriage of justice, and therefore the conviction could not stand.

The High Court allowed the appeal, quashed the conviction, and ordered a new trial.