Prasad v The Queen

The High Court of Australia considered an appeal by the applicant, Prasad, against his conviction for murder. The central dispute concerned the admissibility of a confession made by the applicant to police.

The primary legal issue before the High Court was whether the confession, obtained after the applicant had been cautioned but before he was formally charged, was admissible in evidence. This involved an examination of the common law rules governing the admissibility of confessions, particularly in circumstances where a suspect is in police custody and has not yet been charged.

The Court held that the common law does not require a confession to be inadmissible simply because it was made before a formal charge. Instead, the admissibility of such a confession depends on whether it was made voluntarily and whether its admission would be unfair to the accused. In this instance, the Court found that the confession was voluntary and that there were no grounds to exclude it on the basis of unfairness. The appeal was therefore dismissed.