Condon v The Queen

The High Court of Australia considered an appeal by Condon against his conviction for murder. The central dispute concerned the admissibility of a confession made by Condon 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 assess whether the confession was voluntary and whether its admission would be unfair to the appellant.

The Court applied the principles established in *R v Swaffield* and *Basto v The Queen*, which require a confession to be voluntary to be admissible. A confession is involuntary if it is obtained by means of an untrue representation or by an inducement. The Court found that the police had made an untrue representation to Condon regarding the evidence they possessed, which induced him to confess. Consequently, the confession was involuntary and inadmissible.

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