Grant v The Queen

The High Court of Australia considered the appeal of Grant against the conviction for murder entered against him in the Supreme Court of Queensland. The central dispute concerned the admissibility of a confession made by the appellant to police officers.

The primary legal issue before the High Court was whether the confession, obtained after the appellant had been cautioned but before he was formally charged, was admissible in evidence. This involved a consideration of the common law rules governing the admissibility of confessions, particularly in circumstances where an accused person is in police custody and has not yet been charged.

The Court held that the confession was admissible. Gibbs C.J. and Mason J. reasoned that the common law does not require a confession to be excluded simply because it was made before formal charge, provided it was voluntary and not obtained unfairly. They emphasised that the caution administered to the appellant was a significant factor in assessing the fairness of the police conduct. Murphy J. agreed with the majority, while Aickin and Wilson JJ. dissented, finding that the circumstances of the interrogation rendered the confession inadmissible.

The appeal was dismissed.