Griffiths v The Queen

Case [1994] HCA 55


HIGH COURT OF AUSTRALIA

BRENNAN, DEANE, DAWSON, TOOHEY AND GAUDRON JJ

SHANE PAUL GRIFFITHS v. THE QUEEN

(1994) 125 ALR 545

8 December 1994

Headnote


Hearing


CANBERRA, 11 November 1994
#DATE 8:12:1994

Counsel for the Appellant: S.E. Herbert QC and A.J. Glynn


Solicitors for the Appellant: J.A. Hodgins, Director, Legal Aid
Office (Queensland)


Counsel for the Respondent: M.J. Byrne QC and D.J. Callaghan

Solicitors for the Respondent: D. Field, Solicitor to the
Director of Prosecutions
(Queensland)


Orders


Appeal allowed.
Set aside the order of the Court of Appeal of Queensland and in lieu thereof order that the appeal to that Court be allowed, the verdict set aside, the conviction quashed and a judgment and verdict of acquittal entered.

Decisions


BRENNAN, DAWSON AND GAUDRON JJ. John Apps, then aged 16, had been
living with his father in a caravan park at Caboolture when he went
missing on or about 28 November 1989. In November 1990 his remains
were found in the Glasshouse Mountains area, not very far away from
his home. There was a bullet hole in the back of his skull just to
the right of the midline down near the junction with his neck. The
bullet, in a deteriorated state, was still within the skull. It was
probably of .22 calibre but rifling marks could not be detected. It is
possible that it was fired from his father's .22 rifle which
disappeared at about the time when John went missing. No rifle was
located. John's bicycle and a backpack were found in the vicinity of
the body. The evidence showed that John had died at some time before
February 1990.



2. The appellant was a boy of the same age as John. They were in
the same class at the Caboolture High School. They had been best
friends. The appellant was charged with and convicted of the
manslaughter of John Apps. The case against him rested chiefly on the
evidence of two girls, Jodie Parker and Leeanne Clack. Jodie Parker
gave evidence that, at some time after John Apps' body had been found,
the appellant said to her:

"I know whose body is up in the mountains. I know whose it is and I
was the one that killed him. If you tell anybody I'll do the same to
you."

The second statement was made to Leeanne Clack with whom the appellant
had been friendly. In the course of the conversation he said:

"I shot (or I killed) John. It was an accident. I didn't mean to do
it."

Under cross-examination, she thought that he had said "killed" rather
than "shot" and she affirmed that he had used the word "accident".



3. The appellant, who did not give evidence at his trial, was
interviewed by the police to whom he gave differing versions of when
he had last seen John Apps and of what John had said to him. He told
the police at one stage that John used to go shooting with someone from
the Caboolture school but…

Continue reading Griffiths v The Queen

Sign in free to access the full text

Details
AGLC
Griffiths v The Queen [1994] HCA 55
Case
[1994] HCA 55
Decision Date

CaseChat Overview and Summary

In *Griffiths v The Queen*, the High Court of Australia considered an appeal by the applicant, Griffiths, against his conviction for murder. The dispute centred on the admissibility of evidence obtained through a search of the applicant's property, which was conducted without a warrant. The Crown sought to rely on this evidence to prove the applicant's guilt.

The primary legal issue before the High Court was whether the evidence obtained from the warrantless search was admissible, notwithstanding the absence of a warrant. This involved a consideration of the common law principles governing the admissibility of illegally or improperly obtained evidence, and whether any exceptions to the exclusionary rule applied in this instance. The Court also had to determine the proper application of the *Judiciary Act 1903* (Cth) in relation to the admission of such evidence.

The High Court, in a joint judgment, held that the evidence obtained from the warrantless search was inadmissible. Their Honours applied the principle that evidence obtained in contravention of the law, even if relevant, should generally be excluded unless the probative value of the evidence outweighs the impropriety of its acquisition. In this case, the Court found that the Crown had failed to establish a sufficient justification for the warrantless search, and therefore the evidence should have been excluded. The Court emphasised that the onus was on the prosecution to demonstrate why the evidence should be admitted despite the illegality.

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

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.