Burns v The Queen

In *Burns v The Queen*, the High Court of Australia considered an appeal by the applicant, Burns, against his conviction for a number of offences, including conspiracy to import a commercial quantity of heroin and conspiracy to possess a commercial quantity of heroin. The applicant had been convicted in the Supreme Court of Victoria following a trial by jury.

The central legal issue before the High Court was whether the trial judge had erred in admitting certain evidence, specifically evidence of conversations between the applicant and a co-conspirator that occurred after the alleged conspiracy had ended. The applicant argued that this evidence was inadmissible hearsay and that its admission had prejudiced his defence, leading to a miscarriage of justice.

The High Court, in a joint judgment, held that the evidence of conversations occurring after the termination of the conspiracy was not admissible as against the applicant. Their Honours reasoned that the statements of a co-conspirator made after the conspiracy has ended are not admissible to prove the truth of their contents, nor are they admissible as evidence of the existence of the conspiracy itself. The Court found that the admission of this evidence was an error and that, given the nature of the evidence and the issues at trial, it had led to a miscarriage of justice.

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