Irving v The Queen

The High Court of Australia considered the appeal of Irving against his conviction for murder. The central dispute concerned the admissibility of a confession made by Irving to police.

The High Court was required to determine whether the confession was improperly obtained, thereby rendering it inadmissible under the common law. Specifically, the court had to assess whether the confession was voluntary and whether its admission would be unfair to the appellant.

The Court held that a confession is involuntary if it is obtained by means of coercion, whether physical or psychological. In this instance, the Court found that the police had employed oppressive interrogation techniques that rendered Irving's confession involuntary. The Court emphasised that the onus is on the Crown to prove beyond reasonable doubt that a confession was voluntary. Furthermore, even if a confession is voluntary, a court may exclude it if its admission would be unfair to the accused, considering factors such as the circumstances in which it was made and its probative value.

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