McKenzie v The Queen

McKenzie appealed his conviction for murder in the Supreme Court of Queensland. The central issue on appeal concerned the admissibility of a confession made by the appellant to police. The appellant argued that the confession was improperly obtained and therefore should have been excluded from evidence.

The High Court of Australia was required to determine whether the confession was admissible, considering the circumstances under which it was made. Specifically, the Court had to assess whether the police had acted unfairly or improperly in obtaining the confession, thereby rendering it inadmissible under the common law.

Gaudron and Hayne JJ held that the confession was admissible. Their Honours applied the principle that a confession is inadmissible if it was obtained by unfair or improper means, or if its admission would be unfair to the accused. In this instance, the Court found that while the appellant had been cautioned, the circumstances surrounding the interview, including the appellant's intoxication and the duration of the interview, did not render the confession involuntary or unfairly obtained. The Court concluded that the police had not acted improperly and that the confession was therefore admissible.