Lee v The Queen [2014] HCA 20

HIGH COURT OF AUSTRALIA

FRENCH CJ, CRENNAN, KIEFEL, BELL AND KEANE JJ

Matter No S313/2013

DO YOUNG (AKA JASON) LEE APPELLANT

AND

THE QUEEN RESPONDENT

Matter No S314/2013

SEONG WON LEE APPELLANT

AND

THE QUEEN RESPONDENT

Lee v The Queen Lee v The Queen [2014] HCA 20 21 May 2014 S313/2013 & S314/2013

ORDER

In each matter:

1. Appeal allowed.

2. Set aside paragraph 2 of the order of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 3 April 2013 and, in its place, order that:

(a) the appeal be allowed;

(b) the appellant's convictions be quashed; and

(c) a new trial be had.

On appeal from the Supreme Court of New South Wales

Representation

M Thangaraj SC with G A Bashir for the appellant in S313/2013 (instructed by Nyman Gibson Stewart)

T A Game SC with S S Pararajasingham for the appellant in S314/2013 (instructed by Nyman Gibson Stewart)

N J Adams SC with J E Davidson and H R Roberts for the respondent in both matters (instructed by Solicitor for Public Prosecutions (NSW))

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Lee v The Queen

Criminal law – Appeal against conviction – Where appellants gave evidence before New South Wales Crime Commission ("Commission") – Where non-publication direction made under s 13(9) of New South Wales Crime Commission Act 1985 (NSW) – Where transcripts of appellants' evidence before Commission published to members of New South Wales Police Force and officers of Director of Public Prosecutions – Whether publication of appellants' evidence before Commission meant subsequent trial differed in fundamental respect from that which our system of criminal justice seeks to provide – Whether publication of appellants' evidence before Commission gave rise to miscarriage of justice.