IN THE HIGH COURT OF AUSTRALIA
Registry
No C11 of 2001B e t w e e n -
JOHN TERENCE CONWAY
Appellant
and
THE QUEEN
Respondent
GAUDRON ACJ
McHUGH J
KIRBY J
HAYNE J
CALLINAN J
TRANSCRIPT OF PROCEEDINGS
AT CANBERRA ON WEDNESDAY, 3 OCTOBER 2001, AT 10.18 AM
Copyright in the High Court of Australia
MR S.W. TILMOUTH, QC: If the Court pleases, I appear with my learned friend, MR J. PAPPAS, for the appellant. (instructed by pappas j. ‑ attorney)
MR P.S. HASTINGS, QC: If the Court pleases, I appear with my learned friends, MR S.J. ODGERS, SC and MS P.J. de VEAU, for the respondent. (instructed by the Director of Public Prosecutions (ACT))
GAUDRON ACJ: Yes, Mr Tilmouth.
MR TILMOUTH: If the Court pleases, if I could commence my submissions and deal briefly if I may with the facts and, if the Court pleases, in our submission it is quite important to appreciate at the start that there was very little direct evidence against the appellant, Conway ‑ ‑ ‑
KIRBY J: I am not entirely clear what the theory of the case that your client ultimately propounded was. There was a question which apparently suggested that Ms McFie was the sole actor in instigating the murder, but was that ultimately your client’s case, can I ask you that?
MR TILMOUTH: It was partly that, your Honour. First of all, it was not involvement and, secondly, it was, if McFie was involved, it was a frolic of her own, if I can put it that way. It is certainly true that at one point counsel for the appellant did cross-examine McFie to suggest that and that led to what was called in the courts below but not pursued here, the judge’s intervention, but there is no doubt that one aspect of his defence was that it was a frolic of his own, if I can put it that way, in which he was not involved at all. The prime part of his case was simply a denial of the relevant events and, if the Court pleases, in my submission, there was very little against him, at least directly, in the matter.
Could I summarise it, if I may, in this way first generally and then a little bit more specifically. The Crown case relied heavily, as the Crown Prosecutor acknowledged in his address to the jury and was clear on the evidence of Williams and Steer, in sum, your Honours, Williams gave evidence of the killing of course but, in the events leading up to it, he gave evidence about a conversation or conversations involving McFie and Conway - and I will identify these briefly in the papers in a moment – that he wanted his wife “knocked”, was the word used, that he needed it done soon and that there would be a payment of $15,000 and it was to look as if it was a heroin overdose.
As regards Williams,…
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- AGLC
- Conway v The Queen [2001] HCATrans 356
- Case
- [2001] HCATrans 356
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the evidence, specifically a confession made by the appellant, was improperly obtained and therefore inadmissible under section 138 of the *Evidence Act 1995* (NSW). This required the Court to balance the probative value of the evidence against the impropriety of its admission and the unfairness to the appellant.
The Court engaged in a detailed analysis of the circumstances surrounding the obtaining of the confession. It considered the appellant's mental state, the duration of his detention, and the conduct of the police. The judges applied the principles established in cases concerning the admissibility of confessions, particularly the need to ensure that any confession was voluntary and not the result of oppression or unfair inducement. The Court weighed the public interest in admitting relevant evidence against the public interest in discouraging unlawful or unfair conduct by law enforcement officers.
Ultimately, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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