Giri v The Queen

The High Court of Australia considered an appeal by Mr Giri against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained from Mr Giri following his arrest.

The primary legal issue before the Court was whether the evidence, specifically a confession and a subsequent identification, was unlawfully obtained, thereby rendering it inadmissible under s 138 of the *Evidence Act 1995* (NSW). This required the Court to balance the probative value of the evidence against the undesirability of admitting evidence obtained in contravention of the law.

McHugh and Kirby JJ, in separate judgments, both found that the evidence had been unlawfully obtained. McHugh J held that the police had acted unlawfully in continuing to question Mr Giri after he had indicated a desire to remain silent and had not been cautioned. Kirby J agreed that the confession was unlawfully obtained, finding that the police had failed to comply with their obligations under the *Crimes Act 1900* (NSW) and the common law. Both judges concluded that the undesirability of admitting the evidence outweighed its probative value, and therefore it should have been excluded.

The appeal was allowed, the conviction was quashed, and a new trial was ordered.