MacPherson v The Queen [1981] HCA 46

MacPherson v The Queen [1981] HCA 46

A real question regarding the voluntariness of confessional evidence was raised by the accused’s objections and cross-examination. The trial judge had a duty to ensure a voir dire was conducted on the voluntariness and to inform the unrepresented accused of his right to challenge admissibility. The omission to do so constituted a miscarriage of justice, rendering the conviction unsafe.

Jurisdiction
Australia
Procedural Posture
Criminal / Special Leave to Appeal; Appeal From Supreme Court of New South Wales (court of Criminal Appeal)
Outcome
Appeal allowed; conviction quashed; new trial ordered
Legal Topics
['admissibility of Confessions' 'voir Dire Procedure' 'unrepresented Accused Rights' 'voluntariness of Confessions' 'fair Trial']
['criminal Law' 'evidence'] ['admissibility of Confessions' 'voir Dire Procedure' 'unrepresented Accused Rights' 'voluntariness of Confessions' 'fair Trial']

Case Brief

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Procedural Posture

Criminal / Special Leave to Appeal; Appeal From Supreme Court of New South Wales (court of Criminal Appeal)

Legal Issues

  1. 1 ['Whether the trial judge erred in admitting police evidence of confessional statements allegedly made by the applicant without satisfaction of voluntariness' 'Whether the trial judge had a duty to inform an unrepresented accused of the right to challenge the admissibility of confessions on a voir dire in the absence of the jury' 'Whether the failure to hold a voir dire where voluntariness was in issue resulted in a miscarriage of justice']

Ratio Decidendi

A real question regarding the voluntariness of confessional evidence was raised by the accused’s objections and cross-examination. The trial judge had a duty to ensure a voir dire was conducted on the voluntariness and to inform the unrepresented accused of his right to challenge admissibility. The omission to do so constituted a miscarriage of justice, rendering the conviction unsafe.

Court Disposition

Appeal allowed; conviction quashed; new trial ordered

Orders

  • ['Special leave to appeal granted' 'Appeal allowed' 'Order of the Supreme Court of New South Wales (Court of Criminal Appeal) set aside' 'In lieu, appeal to that Court allowed' 'Conviction quashed' 'New trial ordered']