Em v The Queen

The High Court of Australia considered an appeal by the applicant, Em, against a conviction for murder. The central dispute concerned the admissibility of certain evidence obtained during police investigations and the proper application of the law relating to self-defence.

The High Court was required to determine whether the trial judge had erred in admitting evidence that the applicant had made a prior inconsistent statement. Further, the Court had to consider whether the jury directions on self-defence, particularly in relation to the subjective and objective elements of that defence, were adequate and correctly applied the relevant legal principles.

The Court analysed the admissibility of the prior inconsistent statement by reference to the rules governing the use of such evidence, balancing its probative value against any potential prejudice. Regarding self-defence, the High Court reiterated the established legal framework, emphasising that the jury must be satisfied beyond reasonable doubt that the accused did not act in self-defence. This involves considering the accused's subjective belief as to the need for force and the objective reasonableness of the force used in the circumstances as the accused perceived them. The Court found that the directions given at trial, when viewed in their entirety, adequately conveyed these principles to the jury.

The appeal was dismissed.