Freeman-Quay v The Queen

Freeman-Quay appealed to the High Court of Australia against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained during a police interview and the subsequent application of the *Criminal Code Act 1899* (Qld) in relation to the appellant's mental state at the time of the offence.

The High Court was required to determine whether the evidence obtained from the appellant during the police interview was unlawfully obtained, thereby rendering it inadmissible under section 138 of the *Evidence Act 1995* (Cth) (which applied in Queensland). Further, the Court had to consider whether the appellant's mental impairment, as contemplated by the *Criminal Code Act 1899* (Qld), was such as to negate his criminal responsibility for the offence of murder.

Gageler J, delivering the judgment of the Court, found that the evidence obtained during the interview was not unlawfully obtained, as the police had acted within their lawful powers. Regarding the mental impairment, his Honour applied the principles established in *R v Porter* and *R v Parsons*, which require a causal connection between the mental impairment and the act or omission constituting the offence. His Honour concluded that the appellant's mental impairment did not operate in such a way as to negate his criminal responsibility for murder.

The appeal was dismissed.