Franklin v The Queen

In *Franklin v The Queen*, the High Court of Australia considered an appeal by the applicant, Franklin, against his conviction for murder. The case concerned the admissibility of evidence obtained through an alleged breach of the applicant's rights.

The central legal issue before the High Court was whether evidence obtained in contravention of the *Crimes Act 1914* (Cth) s 23G, which deals with the rights of persons in custody, should have been admitted into evidence at the applicant's trial. Specifically, the court had to determine the proper application of the exclusionary rule in such circumstances.

The High Court affirmed the principle that evidence obtained in contravention of statutory provisions, even if relevant, may be excluded if its admission would be unfair to the accused. The court reasoned that the purpose of s 23G was to protect the rights of individuals in custody, and that admitting evidence obtained in breach of these rights could undermine public confidence in the administration of justice. The court found that the trial judge had erred in admitting the evidence, as the circumstances of its acquisition rendered it unfairly prejudicial to the applicant.

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