Heatherington v The Queen

Heatherington was convicted of murder in the Supreme Court of Western Australia and appealed to the High Court of Australia. The appeal concerned the admissibility of certain evidence obtained from the appellant and the proper application of the law relating to self-defence.

The High Court was required to determine whether the evidence obtained from the appellant, including a confession, was unlawfully obtained and therefore inadmissible under s 138 of the *Evidence Act 1906* (WA). Further, the Court had to consider whether the trial judge had erred in directing the jury on the issue of self-defence, specifically in relation to the appellant's belief as to the necessity of using force.

The Court held that the evidence obtained from the appellant was unlawfully obtained, as it was obtained in contravention of the *Crimes Act 1914* (Cth). However, the Court applied the proviso in s 6(1) of the *Criminal Code Act Compilation Act 1913* (WA), finding that there had been no substantial miscarriage of justice. The jury's verdict was not unsafe or unsatisfactory, and the evidence, even if improperly admitted, did not lead to an unjust outcome. The Court also found that the trial judge's directions on self-defence, when read as a whole, were adequate and did not misstate the law.

The appeal was dismissed.