Preston v The Queen

In *Preston v The Queen*, the High Court of Australia considered an appeal by the applicant, Preston, against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained during police investigations.

The High Court was required to determine whether the evidence, which included a confession made by the applicant, had been obtained in contravention of the *Crimes Act 1914* (Cth) and, if so, whether it should have been excluded from admission at trial. Specifically, the court examined the provisions of section 23V of the *Crimes Act*, which deals with the inadmissibility of evidence obtained in contravention of certain provisions of the Act, and the discretion of the trial judge to admit such evidence if it was in the interests of justice.

The court reasoned that the confession was obtained in circumstances where the applicant had not been cautioned in accordance with the requirements of the *Crimes Act*. Brennan CJ and Hayne J held that the failure to caution the applicant rendered the confession inadmissible under section 23V. They further elaborated that while a judge has a discretion to admit evidence obtained in contravention of the Act in the interests of justice, this discretion must be exercised with caution. In this instance, the court found that the breach of the statutory requirement to caution was significant and that admitting the confession would not be in the interests of justice.

Consequently, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.