Lai v The Queen

The appeal concerned a conviction for murder. The appellant, Lai, sought to challenge the admission into evidence of a statement made to police. The appeal was heard by the Court of Appeal of New South Wales, comprising Angel ACJ, Riley J, and Priestley AJ.

The central legal issue before the Court was whether the trial judge had erred in admitting the appellant's statement to police. This question turned on whether the statement was inadmissible by reason of section 142 of the *Police Administration Act 1978* (NSW) (now repealed). Specifically, the Court had to determine whether the appellant was a "suspect" at the time the statement was made, which would have triggered certain procedural requirements under that section.

The Court reasoned that the appellant was not a suspect at the time of making the statement. The evidence indicated that the police were investigating a death, and while the appellant was present and interviewed, there was no indication that they had formed a suspicion that the appellant had committed an offence. Therefore, section 142 of the *Police Administration Act* did not apply to render the statement inadmissible. The appeal was accordingly dismissed.