Morrison v the Queen B43/2001

The High Court of Australia considered an appeal by Morrison against a conviction for murder, following a decision of the Supreme Court of Queensland. The central dispute concerned the admissibility of certain evidence obtained during police investigations.

The primary legal issue before the High Court was whether the trial judge had erred in admitting evidence that was obtained in circumstances where the appellant had been subjected to oppressive conduct by police. This involved an examination of the principles governing the admissibility of evidence obtained in contravention of an accused's rights, particularly where such contravention might render the evidence unfair to the accused or otherwise improperly obtained.

The Court's reasoning focused on the application of the common law exclusionary rule, which permits a judge to exclude evidence if its prejudicial effect outweighs its probative value, or if the evidence was obtained improperly. Callinan and Heydon JJ held that the conduct of the police, while potentially improper, did not reach a level that necessitated the exclusion of the evidence under this rule. They found that the jury was adequately directed on the weight to be given to the evidence, and that the trial judge had exercised their discretion appropriately in admitting it. The appeal was accordingly dismissed.