McKay v R

William George McKay applied to the High Court of Australia for special leave to appeal from a decision of the Court of Criminal Appeal of Victoria, which had dismissed his appeal against a conviction for buggery. The conviction was based on McKay's signed confession, which he later repudiated at trial, claiming it was untrue and signed due to worry. The complainant, the boy upon whom the offence was alleged to have been committed, also recanted his earlier statement to detectives, claiming it was a lie. The central issue was whether a conviction could lawfully be based solely on an uncorroborated confession, without independent evidence proving the commission of the crime itself.

The legal issue before the High Court was whether there exists a general rule of law requiring corroboration of a confession before a person can be convicted of a crime. McKay contended that, similar to cases of homicide where proof of a dead body is required, there should be some independent evidence establishing the corpus delicti, particularly for offences against a person. The Crown argued that a voluntary, direct, and positive confession, if satisfactorily proved, is sufficient for a conviction without corroboration.

The High Court unanimously refused special leave to appeal. The Court held that there is no general rule of law that a person cannot be convicted of a crime solely on the evidence of their own confession. While acknowledging that text writers and some authorities express doubt or suggest caution, particularly in cases like homicide, the majority of the Court found that established legal authority supports the proposition that a properly proved voluntary confession is sufficient to sustain a conviction without independent corroboration of the crime. The Court noted that the probative value of a confession and the circumstances surrounding its making are matters for the jury to consider, and while judges may warn juries about the dangers of relying solely on a confession, the law does not mandate corroboration as a prerequisite for conviction.