Gojanovic v The Queen [2011] HCATrans 66

In *Gojanovic v The Queen*, the High Court of Australia considered an appeal from a decision of the Supreme Court of Victoria. The appellant, Gojanovic, had been convicted of a number of offences, including aggravated burglary and assault. The appeal concerned the admissibility of certain evidence obtained during the investigation of these offences.

The central legal issue before the High Court was whether the evidence in question, which included a confession made by the appellant, had been obtained in contravention of the *Crimes Act 1958* (Vic) and, if so, whether it should have been excluded under the common law. Specifically, the Court had to determine if the appellant had been unlawfully detained at the time the confession was made, and if the confession was therefore inadmissible.

Crennan and Bell JJ found that the appellant had been unlawfully detained at the time of his confession. Their Honours applied the principles established in *R v Ireland* and *Williams v The Queen*, which dictate that evidence obtained in contravention of statutory provisions or in circumstances where a person's rights have been infringed may be excluded if its admission would be unfair to the accused. The Court held that the confession was inadmissible and that its admission at trial had occasioned a substantial miscarriage of justice.

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