Lao, Nguyen v The Queen

In *Lao, Nguyen v The Queen*, the High Court of Australia considered an appeal against a conviction for murder. The appellants, Lao and Nguyen, were convicted in the Supreme Court of New South Wales of the murder of Mr. Tran. The Crown's case was that the appellants, along with a third person, had jointly participated in the killing of Mr. Tran. The central issue on appeal was whether the trial judge had erred in admitting certain evidence, specifically a confession made by one of the co-accused, and whether this admission had prejudiced the appellants' right to a fair trial.

The High Court was required to determine whether the trial judge had correctly applied the principles governing the admission of evidence of confessions made by co-accused in joint trials. Specifically, the court had to consider whether the confession, which implicated the appellants, was admissible against them even though the co-accused who made the confession did not give evidence at the trial. The court also had to assess whether the directions given by the trial judge to the jury regarding the use of this confession were adequate to ensure a fair trial for the appellants.

McHugh and Callinan JJ, in their joint judgment, held that the trial judge had erred in admitting the confession of the co-accused against the appellants. Their Honours explained that the general rule is that evidence of a confession made by one accused is not admissible against another accused, particularly where the confessor does not give evidence. This rule is based on the principle that an accused has the right to confront and cross-examine witnesses against them. In this instance, the co-accused's confession was admitted without the co-accused testifying, thereby denying the appellants their right to cross-examine the maker of the confession. The court found that the directions given by the trial judge were insufficient to mitigate the prejudice caused by the admission of this evidence.

Consequently, the High Court allowed the appeal, quashed the convictions, and ordered a new trial.