Dimozantos v The Queen (No 2)

Case

[1993] HCA 52

22 September 1993


Details
AGLC Case Decision Date
Dimozantos v The Queen (No 2) [1993] HCA 52 [1993] HCA 52 22 September 1993

CaseChat Overview and Summary

In *Dimozantos v The Queen (No 2)*, the High Court of Australia considered an appeal by the applicant, Dimozantos, against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained during police investigations.

The High Court was required to determine whether the evidence, specifically statements made by the applicant to police, had been obtained in contravention of the applicant's rights and, if so, whether that evidence should have been excluded from the trial. A key legal issue was the application of the principle that evidence obtained in contravention of an accused's rights may be excluded if its admission would be unfair to the accused.

The Court reasoned that the statements were obtained in circumstances where the applicant had not been fully informed of his rights, particularly his right to communicate with a lawyer. Applying the principles of fairness, the Court held that the admission of these statements at trial would have been unfair to the applicant. Consequently, the Court allowed the appeal, quashed the conviction, and ordered a new trial.
Details

Areas of Law

  • Criminal Law

  • Evidence

Legal Concepts

  • Charge

  • Sentencing

  • Expert Evidence

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Most Recent Citation
Hudson v Entsch [2005] FCA 460

Cases Citing This Decision

17

Jones v Trad [2013] NSWCA 389
Jones v Trad [2013] NSWCA 389
Cases Cited

4

Statutory Material Cited

0

Dimozantos v The Queen [1992] HCA 49
Mortimer v Brown [1970] HCA 4