Em v The Queen

The case of *Em v The Queen* concerned an appeal to the High Court of Australia by the applicant, Em, against his conviction for murder. The central dispute revolved around the admissibility of certain evidence obtained during police investigations and the proper application of the law relating to self-defence in the context of the trial.

The High Court was required to determine two primary legal issues. Firstly, whether the trial judge erred in admitting evidence of the applicant's prior inconsistent statements, which had been obtained by police without the applicant being cautioned as to his rights. Secondly, the Court considered whether the trial judge had adequately directed the jury on the issue of self-defence, particularly concerning the applicant's subjective belief as to the necessity of using force.

In its reasoning, the High Court analysed the provisions of the *Crimes Act 1958* (Vic) and relevant common law principles concerning the admissibility of evidence obtained in breach of procedural safeguards. The Court held that the failure to caution the applicant before obtaining his prior inconsistent statements rendered that evidence inadmissible, as it was obtained in contravention of statutory requirements designed to protect an individual's rights. Regarding the self-defence direction, the Court affirmed that the jury must be satisfied beyond reasonable doubt that the accused did not hold a genuine belief that the force used was necessary, and that the direction given at trial did not sufficiently convey this onus to the jury.

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