R v Xie (No 3) [2013] NSWSC 1840

Supreme Court New South Wales

Medium Neutral Citation: R v Xie (No 3) [2013] NSWSC 1840 Hearing dates: 25 November 2013 Decision date: 12 December 2013 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Client legal privilege waived Catchwords: CRIMINAL LAW - pretrial hearing - client legal privilege - waiver - where Accused and Accused's wife previously represented by the same solicitor - solicitor called by Crown on Basha inquiry - whether Accused waived client legal privilege in circumstances where his counsel cross-examined the Accused's wife at committal proceedings concerning discussions in conference between the Accused, the Accused's wife and the former solicitor - discussions subject to client legal privilege - held that privilege waived by Accused as a result of cross-examination by his counsel at committal proceedings Legislation Cited: Crime Commission Act 2012 Evidence Act 1995 New South Wales Crime Commission Act 1985 Cases Cited: Aouad v R; El-Zayet v R [2013] NSWSC 760 Chen v City Convenience Leasing Pty Limited [2005] NSWCA 297 Expense Reduction Analysts Group Pty Limited v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46; 250 CLR 303 Hannaford v Royal Society for the Prevention of Cruelty to Animals, NSW [2013] NSWSC 1708 Mann v Carnell [1999] HCA 66; 201 CLR 1 R v Basha (1989) 39 A Crim R 337 R v Birks (1990) 19 NSWLR 677 R (Cth) v Petroulias (No. 24) [2007] NSWSC 783 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Lian Bin (Robert) Xie (Accused) Representation: Counsel: Mr M Tedeschi AM QC; Ms KN Shead (Crown) Mr MC Ramage QC (Accused) Mr TA Williams (Daniel Sheen)