Lee v R; Tang v R [2015] NSWCCA 157

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lee v R; Tang v R [2015] NSWCCA 157 Hearing dates: 5 June 2015 Date of orders: 05 June 2015 Decision date: 23 June 2015 Before: Basten JA at [1]; Garling J at [43]; Hamill J at [60] Decision: On 5 June 2015: (1) Order that the convictions resulting from the acceptance of the jury verdict of guilty with respect to Man Fu Vico LEE and Hin Yiu TANG pursuant to an indictment dated 8 November 2013 be quashed.

On 9 June 2015: (2) On the ground that it is necessary to prevent prejudice to the proper administration of justice, there be no publication of the names of the appellants or of any information which would allow the identification of the appellants, pursuant to s 9(1) and 8(1)(a) of the Court Suppression and Non-Publication Orders Act 2010, until the completion of any further proceedings on the charges laid against them. Catchwords: APPEAL – conviction appeal – guilty verdicts returned in relation to appellants –jury continued deliberations in relation to co-accused – one juror discharged on grounds of illiteracy and ill-health – whether right to appeal – whether appellants were "convicted" – whether Court of Criminal Appeal has jurisdiction – Criminal Appeal Act 1912 (NSW), s 5(1)

CRIMINAL LAW – conviction – accused found guilty by jury – jury continued deliberations in relation to co-accused – significant evidence in writing – whether illiterate juror able to discharge his duty – whether failure or breach in the integrity of the trial – whether miscarriage of justice – Criminal Appeal Act 1912 (NSW), s 6(1) – Jury Act 1912 (NSW), s 73