Mitreski v The Queen

The High Court of Australia considered an appeal by Mr Mitreski against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained from Mr Mitreski following his arrest.

The High Court was required to determine whether the evidence, specifically statements made by Mr Mitreski and items seized from his person, was obtained in contravention of the *Crimes Act 1914* (Cth) and, if so, whether that evidence should have been excluded from his trial. The Court also considered the application of the common law exclusionary rule.

French CJ and Hayne J held that the evidence was obtained in contravention of s 23F of the *Crimes Act 1914* (Cth), which governs the production of documents and things by a suspect. Their Honours found that the police had failed to caution Mr Mitreski in accordance with the requirements of s 23F(2) before seeking his consent to search. Applying the principles established in *Bally v The Queen*, the Court concluded that the contravention was significant and that the admission of the evidence was likely to have led to a miscarriage of justice.

The High Court allowed the appeal, quashed the conviction, and ordered a new trial.