Lee, Do Young v Regina; Lee, Seong Won v Regina [2013] NSWCCA 68

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lee, Do Young v Regina; Lee, Seong Won v Regina [2013] NSWCCA 68 Hearing dates: 23 August and 12-13 November 2012 Decision date: 03 April 2013 Before: Basten JA at [1]; Hall J at [237]; Beech-Jones at [247] Decision: (1) With respect to the convictions of Mr Jason Lee: (a) grant leave to appeal on grounds 1(a) and (b) and 5, but refuse leave with respect to grounds 2, 3, 4 and 6; (b) with respect to the grounds the subject of a grant of leave, dismiss the appeal. (2) With respect to the convictions of Mr Seong Won Lee on counts 1-4 and 7: (a) grant leave to appeal on each ground, other than ground 2; (b) with respect to the grounds the subject of a grant of leave, dismiss the appeal. Catchwords: CRIMINAL LAW - appeal - applicants questioned at a hearing before the New South Wales Crime Commission - non-publication direction under s 13(9) of the New South Wales Crime Commission Act 1985 (NSW) - transcripts of interview and compelled documents provided to Director of Public Prosecutions in breach of non-publication direction - concession that provision of material unlawful - whether provision of materials to the Director denied the applicants' right to a fair trial or otherwise created a miscarriage of justice

ADMINISTRATIVE LAW - functions of the New South Wales Crime Commission - obligation to furnish admissible evidence on the Director - whether obligation limits the power of the Commission to furnish other material to the Director