McFarlane v The Queen

The High Court of Australia considered an appeal by McFarlane against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained during police investigations and the proper application of the law relating to self-defence.

The High Court was required to determine whether the trial judge had erred in admitting evidence that was arguably obtained in contravention of the appellant's rights. Furthermore, the Court had to consider whether the jury directions on the issue of self-defence were adequate and correctly reflected the relevant legal principles, particularly concerning the subjective and objective elements of the defence.

The Court's reasoning focused on the principles governing the admission of evidence obtained in breach of an accused's rights, balancing the probative value of the evidence against the potential for unfair prejudice. It also reiterated the established legal framework for self-defence, emphasising the need for the jury to consider the accused's subjective belief as to the necessity of using force and the objective reasonableness of that belief in the circumstances as the accused perceived them. The Court found that the trial judge's directions on self-defence were flawed, leading to a miscarriage of justice.

Consequently, the High Court allowed the appeal, quashed the conviction for murder, and ordered a new trial.