Stephens v The Queen

The High Court of Australia considered an appeal by Stephens against a conviction for a criminal offence. The central dispute concerned the admissibility of an unsigned record of interview conducted by police, which had been admitted into evidence at trial.

The High Court was required to determine whether the unsigned record of interview was admissible as a confession, the scope of the trial judge's discretion to exclude such evidence, and whether the jury should have been permitted to have access to the admitted confession during their deliberations.

The Court held that the unsigned record of interview was admissible as a confession, provided it was proved to have been made by the appellant. However, the Court found that the trial judge had erred in admitting the unsigned record of interview without sufficient proof of its accuracy and in allowing it to go to the jury room. The High Court applied the principles relating to the admissibility of confessions and the discretion of a trial judge to exclude evidence where its prejudicial effect outweighs its probative value.

The High Court allowed the appeal, setting aside the judgment of the Court of Criminal Appeal of New South Wales. The Court ordered that the appeal to that Court be allowed, that the conviction and sentence be set aside, and that a new trial be had.