Giri v the Queen S33/2002

Giri appealed to the High Court of Australia against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained from the appellant, specifically a confession made to police.

The High Court was required to determine whether the confession was improperly or illegally obtained, and if so, whether it should have been excluded from evidence under the discretion of the trial judge. This involved considering the application of the common law exclusionary rule and the principles governing the admission of evidence obtained in contravention of an accused's rights.

The Court affirmed that the common law discretion to exclude improperly or illegally obtained evidence is a significant safeguard. It held that while the confession was obtained in circumstances where the appellant's rights were not fully respected, the trial judge had properly exercised their discretion in admitting the confession. The judges reasoned that the impropriety in obtaining the confession did not render it unreliable, and the probative value of the confession outweighed any prejudice to the appellant. The appeal was dismissed.