Willis v The Queen

The appellant, Willis, appealed against his conviction and sentence in the High Court of Australia, challenging the admissibility of a statement made during an interview with the police. The trial judge had found the statement admissible, and the Court of Appeal upheld this decision. The key issue before the High Court was whether the trial judge's findings regarding the admissibility of the statement were reasonably open. Additionally, the court examined whether the statement was improperly or illegally obtained, the competence of the trial counsel, and whether any failings by the trial counsel resulted in a miscarriage of justice.

The High Court held that the trial judge's findings on the admissibility of the statement were indeed reasonably open. The court considered the statutory requirements under the Crimes Act 1958 and determined that the evidence was properly admitted as it was not improperly or illegally obtained. The Court found that the onus of proof lay with the appellant to establish that the evidence was improperly or illegally obtained, and this burden had not been met. Furthermore, the Court concluded that the desirability of admitting the evidence outweighed any undesirability associated with the manner in which it was obtained. The High Court also found that the trial counsel's performance did not amount to a miscarriage of justice.

The Court concluded that the findings of the trial judge were reasonably open and that there was no miscarriage of justice due to the conduct of the trial counsel. Consequently, the High Court refused the appellant leave to appeal against his conviction and sentence.