Keogh v The Queen

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

The primary legal issue before the Court was whether the confession was improperly obtained, rendering it inadmissible under the common law. This involved an examination of whether the confession was voluntary and whether its admission would be unfair to the appellant.

The Court reasoned that a confession is involuntary if it is induced by an untrue representation or a promise, or if it is obtained by violence or oppression. In this instance, the Court found that the confession was not involuntary. Furthermore, the Court considered the fairness limb of the exclusionary rule, which requires a balancing of the probative value of the evidence against its prejudicial effect. The Court determined that the confession was admissible, as its probative value outweighed any potential prejudice.

The appeal was dismissed.