Hesford v The Queen

In *Hesford v The Queen*, the appellant, Hesford, appealed to the High Court of Australia against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained during a police investigation and the subsequent application of the *Criminal Appeal Act 1912* (NSW) in relation to the jury's verdict.

The High Court was required to determine whether the trial judge had erred in admitting evidence that was alleged to have been obtained in contravention of the *Crimes Act 1900* (NSW). Furthermore, the Court had to consider whether, in light of any such error, it was open to the Court of Criminal Appeal to uphold the conviction by applying the proviso to section 6(1) of the *Criminal Appeal Act 1912* (NSW), which allows an appeal to be dismissed if the court is of the opinion that no substantial miscarriage of justice has actually occurred.

Kirby and Callinan JJ, in their joint judgment, found that the evidence in question had indeed been obtained unlawfully. However, they concluded that the admission of this evidence had not occasioned a substantial miscarriage of justice. Their Honours applied the principles established in cases concerning the admissibility of illegally obtained evidence and the application of the proviso, emphasizing that the focus must be on whether the error, if any, had a material impact on the verdict.

Consequently, the appeal was dismissed, with the High Court upholding the decision of the Court of Criminal Appeal.