Kamleh v The Queen

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

The High Court was required to determine whether the trial judge had erred in admitting the confession into evidence, and if so, whether this error had occasioned a substantial miscarriage of justice. This involved considering the voluntariness of the confession and the application of the exclusionary rule in relation to evidence obtained in contravention of the law.

The Court held that the confession was inadmissible because it was obtained in contravention of the *Crimes Act 1914* (Cth) and the common law. Specifically, the police failed to caution Kamleh in accordance with the requirements of the Act before questioning him. While the Court acknowledged that the confession may have been voluntary in the sense of not being coerced, its admission was nonetheless unlawful. The Court then considered whether the admission of this unlawfully obtained evidence had led to a substantial miscarriage of justice.

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