Markarian v The Queen

The High Court of Australia considered an appeal by Markarian against his conviction for murder. The central dispute concerned the admissibility of evidence obtained from the appellant, which the defence argued was obtained in breach of his rights.

The High Court was required to determine whether the evidence, specifically a confession made by the appellant, was unlawfully obtained and, if so, whether it should have been excluded from the trial. This involved considering the application of the common law exclusionary rule and the provisions of the *Crimes Act 1914* (Cth) concerning the questioning of suspects.

The Court analysed the circumstances surrounding the appellant's interview, noting that he was not cautioned as to his rights and was subjected to prolonged questioning. The majority held that the interview was conducted in a manner that was unfair and oppressive, rendering the confession unlawfully obtained. Applying the common law exclusionary rule, the Court concluded that the prejudicial effect of admitting the confession outweighed its probative value, and therefore it should have been excluded.

The appeal was allowed, the conviction was quashed, and a retrial was ordered.