Sewell v the Queen S175/2001

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

The primary legal issue before the High Court was whether the confession, obtained after Sewell had been cautioned and had indicated he did not wish to say anything further, was admissible in evidence. This involved an examination of the principles governing the admissibility of confessions, particularly in circumstances where a suspect has invoked their right to silence.

The Court held that the confession was inadmissible. McHugh and Callinan JJ reasoned that once a suspect indicates they do not wish to answer questions, the police are obliged to cease questioning. To continue questioning, even in a way that does not directly solicit an answer, risks undermining the suspect's right to silence. The confession, having been obtained in circumstances that infringed upon Sewell's right to silence, was therefore improperly admitted at trial. The Court allowed the appeal.