Roach v The Queen

The High Court of Australia considered an appeal by Mr Roach against a conviction for murder. The central dispute concerned the admissibility of evidence obtained from Mr Roach during a police interview conducted after he had been arrested and charged with murder.

The primary legal issue before the High Court was whether the evidence obtained from Mr Roach during the interview, specifically his admissions, should have been excluded under section 82(1) of the *Uniform Evidence Law* (or equivalent state legislation). This section permits the exclusion of improperly or illegally obtained evidence. A further issue was whether, even if the evidence was improperly or illegally obtained, it should have been admitted under section 138 of the *Uniform Evidence Law* (or equivalent state legislation) as a discretionary matter, balancing the public interest in admitting the evidence against the public interest in promoting lawful conduct by police.

The High Court held that the evidence obtained from Mr Roach was improperly or illegally obtained because the police failed to caution him in accordance with their statutory duty before commencing the interview. The Court then considered the discretionary limb of section 138. It found that the impropriety of the police conduct was significant and that the public interest in deterring such conduct outweighed the public interest in admitting the evidence. Accordingly, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.