MWH v The Queen

MWH appealed to the High Court of Australia against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained during a police investigation.

The High Court was required to determine whether the evidence, which included statements made by MWH to police, had been obtained in contravention of MWH's rights under the *Crimes Act 1914* (Cth) and, if so, whether that evidence should have been excluded from the trial. A further issue was whether the trial judge had erred in admitting the evidence.

Gaudron and Hayne JJ held that the evidence was obtained in contravention of MWH's rights. They applied the principles established in *Bally v The Queen* and *R v Swaffield*, which require courts to consider the circumstances in which evidence was obtained and whether its admission would be unfair to the accused. Their Honours found that the trial judge had erred in admitting the evidence, as its prejudicial effect outweighed its probative value.

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