Morris v the Queen

Case

[1987] HCA 50

15 October 1987


Details
AGLC Case Decision Date
Morris v the Queen [1987] HCA 50 [1987] HCA 50 15 October 1987

CaseChat Overview and Summary

The High Court of Australia considered an appeal by Morris against his conviction for murder. The central dispute concerned the admissibility of a confession made by Morris to police.

The primary legal issue before the Court was whether the confession was improperly obtained, thereby rendering it inadmissible under the rules of evidence, particularly concerning the voluntariness of confessions and the application of the exclusionary rule. The Court also considered whether the trial judge had erred in admitting the confession into evidence.

The Court's reasoning focused on the principles governing the admissibility of confessions. It was held that a confession must be voluntary to be admissible, meaning it must not have been induced by threats, promises, or other improper influences. The Court examined the circumstances surrounding Morris's confession, including the length of his detention and the nature of police questioning, to determine if it was voluntary. The exclusionary rule, which allows for the exclusion of improperly obtained evidence even if relevant, was also a key consideration. The Court ultimately found that the confession was not voluntary and should have been excluded.

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

Areas of Law

  • Criminal Law

  • Evidence

Legal Concepts

  • Appeal

  • Charge

  • Sentencing

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Cases Citing This Decision

1,390

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Cases Cited

13

Statutory Material Cited

0

Kirkland v The Queen [2021] SASCA 14
R v Scott [2004] NSWCCA 254
Raspor v The Queen [1958] HCA 30
Cited Sections