Ngo v The Queen

The applicant, Mr. Ngo, was convicted of murder in the Supreme Court of New South Wales. He appealed his conviction to the Court of Criminal Appeal of New South Wales, which dismissed his appeal. Mr. Ngo then sought special leave to appeal to the High Court of Australia. The dispute concerned the admissibility of certain evidence during his trial.

The central legal issue before the High Court was whether the trial judge had erred in admitting evidence of a confession made by Mr. Ngo to police. Specifically, the court had to consider whether the confession was voluntary and whether its prejudicial effect outweighed its probative value, pursuant to section 84 of the *Evidence Act 1995* (NSW). A further issue was whether the trial judge had adequately directed the jury on the use of this confession.

Gleeson CJ and Hayne J, in their joint reasons, found that the evidence established the confession was voluntary. They reasoned that the applicant had been cautioned and understood his rights, and there was no evidence of oppression or inducement. Regarding the prejudicial effect, their Honours concluded that while the confession was powerful, it was directly relevant to the charge of murder and its probative value was high. The jury directions were also found to be sufficient, adequately explaining the circumstances in which the confession could be considered.

Special leave to appeal was refused.