Baker v The Queen

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJKHALID BAKER  APPELLANTANDTHE QUEEN  RESPONDENTBaker v The Queen[2012] HCA 2715 August 2012M154/2011ORDERAppeal dismissed.On appeal from the Supreme Court of VictoriaRepresentationM J Croucher SC with L C Carter for the appellant (instructed by Doogue & O'Brien)G J C Silbert SC with B L Sonnet for the respondent (instructed by Solicitor for Public Prosecutions (Vic))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSBaker v The QueenCriminal law – Evidence – Common law – Hearsay – Admissions – Appellant and co‑accused jointly tried for murder – Appellant convicted; co-accused acquitted – Co‑accused made certain admissions in police interview and to witnesses ("out-of-court confessional statements") – Consideration of Bannon v The Queen (1995) 185 CLR 1 – Whether out-of-court confessional statements were admissible in exculpation of appellant as exception to hearsay rule.Words and phrases – "admissions", "against penal interest", "hearsay rule", "out‑of-court confessional statements".FRENCH CJ, GUMMOW, HAYNE, CRENNAN, KIEFEL AND BELL JJ.   On 26 March 2008, the appellant and a juvenile, LM, were arraigned in the Supreme Court of Victoria (Whelan J) on a presentment charging them jointly with the murder of a young man named Albert Snowball.  On Sunday 27 November 2005, the deceased was at a party on the first floor of a converted warehouse in Brunswick.  At around 3am, an altercation took place on the landing of the stairwell just outside the party.  In the course of...