Santos v The Queen

Santos was convicted of murder in the Supreme Court of Queensland and appealed to the High Court of Australia. The appeal concerned the admissibility of a confession made by Santos to police.

The High Court was required to determine whether the confession was improperly or illegally obtained, and if so, whether it should have been excluded from evidence under the discretion of the trial judge. Specifically, the Court considered the application of the principle that evidence obtained in contravention of the law, or by unfair means, may be excluded.

The Court reasoned that the confession was obtained in circumstances where Santos had been subjected to prolonged questioning and had been denied access to legal advice. While the police had cautioned Santos, the overall circumstances of the interrogation were found to be unfair. Applying the principle of discretionary exclusion, the High Court held that the trial judge had erred in admitting the confession, as its prejudicial effect outweighed its probative value. The appeal was therefore allowed, the conviction quashed, and a new trial ordered.