Obian v The King

The High Court of Australia heard an appeal by the applicant, Obian, against the conviction entered against him in the District Court of New South Wales for the offence of supplying a prohibited drug. The Crown opposed the appeal.

The central legal issue before the High Court was whether the trial judge had erred in law by failing to direct the jury on the defence of duress, despite the applicant having raised evidence that suggested he was acting under duress when he supplied the prohibited drug. The Court also considered whether the evidence led by the applicant was sufficient to warrant such a direction.

The High Court unanimously allowed the appeal, quashing the conviction and ordering a new trial. Their Honours held that the evidence led by the applicant, including his testimony about threats made against him and his family, was capable of supporting a defence of duress. The trial judge's failure to leave this defence to the jury, without a proper direction, constituted a miscarriage of justice. The legal principle applied was that where evidence is adduced which is capable of supporting a defence, the judge is obliged to direct the jury on that defence, even if the evidence is not entirely convincing.