Morrison v The Queen

The High Court of Australia considered an appeal by Morrison against a conviction for murder. The central dispute concerned the admissibility of certain evidence obtained from the appellant, specifically statements made by him to police and a confession.

The High Court was required to determine whether the trial judge had erred in admitting the appellant's confession into evidence, given the circumstances under which it was obtained. This involved considering the application of the common law exclusionary rule concerning improperly or illegally obtained evidence, and whether the confession was voluntary.

The Court affirmed the principle that a confession will be inadmissible if it is not voluntary, meaning it was not made freely and voluntarily by the accused. While the police had not acted unlawfully in obtaining the confession, the Court found that the circumstances surrounding its procurement were such that it ought to have been excluded in the interests of a fair trial. The judges noted that the appellant had been subjected to prolonged questioning and was in a vulnerable state, which rendered his confession unreliable and unfairly obtained.

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