Collins v The Queen

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Adelaide No A34 of 2001

B e t w e e n -
ROBERT WAYNE COLLINS
Applicant
and
THE QUEEN
Respondent
Application for special leave to appeal

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT ADELAIDE ON WEDNESDAY, 14 AUGUST 2002, AT 3.29 PM

GUMMOW J: The Court has considered the written submissions of the applicant and the respondent and the other materials in the application books. There is no substance in the complaint by the applicant concerning the length of the period between the hearing in the South Australian Court of Criminal Appeal and the delivery of its judgment. The appeal court had before it 11 volumes of transcript in addition to the appeal books and complex financial records.

The grounds upon which the applicant challenges the conduct of the trial in which he was convicted of an offence contrary to section 233B of the Customs Act 1901 involved the application of settled principles, particularly with reason to the admission of evidence. There was no miscarriage of justice in the circumstances of the case, and special leave is refused.

AT 3.31 PM THE MATTER WAS CONCLUDED

CaseChat Overview and Summary

In *Collins v The Queen*, the High Court of Australia considered an appeal by the applicant, Collins, against his conviction for murder. The dispute centred on the admissibility of certain evidence during his trial.

The primary legal issue before the High Court was whether the trial judge had erred in admitting evidence obtained from the applicant following his arrest, specifically statements made by him and items seized from his person. This raised questions concerning the proper application of the rules governing the admissibility of evidence obtained from an accused, particularly where the accused may have been unlawfully detained or subjected to unfair questioning.

The High Court, comprising Gummow and Kirby JJ, analysed the circumstances of Collins' arrest and subsequent detention. Their Honours considered the principles established in cases such as *R v Ireland* and *Williams v The Queen*, which govern the exclusion of evidence obtained in contravention of legal rights or in circumstances where its admission would be unfair. The Court ultimately determined that the evidence in question had been improperly admitted at trial, as it was obtained in circumstances that rendered its admission unfair and prejudicial to the applicant.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established