MAK v The Queen, MSK v The Queen

The High Court of Australia considered appeals by MAK and MSK against their convictions for murder. The applicants were convicted following a trial in the Supreme Court of New South Wales, and their appeals to the Court of Criminal Appeal of New South Wales were dismissed. The central dispute concerned the admissibility of certain evidence obtained from the applicants and the proper application of the law relating to self-defence.

The High Court was required to determine whether the trial judge erred in admitting evidence obtained from the applicants, specifically statements made by them and items seized from their residences, in circumstances where the applicants alleged the evidence was obtained in contravention of their rights. Furthermore, the Court had to consider whether the directions given to the jury on the issue of self-defence were adequate and correctly stated the relevant legal principles.

The Court held that the evidence obtained from the applicants was admissible. It reasoned that the provisions of the *Crimes Act 1900* (NSW) concerning the admissibility of evidence obtained in contravention of a person's rights were correctly applied by the trial judge. Regarding self-defence, the Court found that while the directions given to the jury were not perfect, they adequately conveyed the essential elements of the defence to the jury, particularly in light of the evidence presented at trial. The legal principles applied included those relating to the admissibility of evidence and the onus of proof in relation to self-defence.

The appeals were dismissed.