Green v The Queen

In *Green v The Queen*, the High Court of Australia considered an appeal by the applicant, Mr. Green, against his conviction for murder. The dispute centred on the admissibility of certain evidence during his trial.

The primary legal issue before the High Court was whether the evidence obtained from the applicant's police interview should have been excluded under section 138 of the *Evidence Act 1995* (NSW). This section requires a court to exclude improperly or illegally obtained evidence unless the interests of justice require its admission. The court also considered whether the trial judge had erred in admitting this evidence, thereby occasioning a substantial miscarriage of justice.

The High Court reasoned that the interview was conducted in circumstances where the applicant had not been cautioned as to his right to silence and had not been informed of his right to communicate with a lawyer or another person. While acknowledging that the interview was not conducted in a manner that was "unfair" in the sense of being oppressive or coercive, their Honours found that the failure to caution the applicant was a significant factor. Applying the principles of s 138, the court determined that the interests of justice did not favour the admission of the evidence, as the impropriety in obtaining it outweighed any potential benefit to the administration of justice.

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