- Nguyen v The Queen  HCA 23
- Minister for Immigration and Border Protection v CED16  HCA 24
The question for consideration by the High Court in Nguyen v The Queen  HCA 23 (30 June 2020) was: what are the legal consequences, for a trial governed by the Evidence (National Uniform Legislation) Act 2011 (NT), of the refusal of a prosecutor to tender into evidence a ‘mixed’ video record of interview between the police and an accused person – that is, a record containing both inculpatory and exculpatory statements.
The appellant, Nguyen, was charged on indictment with offences against the Criminal Code (NT) and stood trial before a jury in the Supreme Court of the Northern Territory. He had been interviewed by the police about the offences in question prior to being charged.
The interview was recorded electronically. The recorded interview contained statements by the appellant in the nature of admissions together with exculpatory statements.