High Court of Australia

Lee v The Queen [2014] HCA 20

Lee v The Queen

88 ALJR 656; 308 ALR 252

21 May 2014

Case Number: S313/2013 S314/2013

Before

French CJ, Crennan, Kiefel, Bell, Keane JJ

Catchwords

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.

Words and phrases – "miscarriage of justice", "non-publication direction".

Criminal Appeal Act 1912 (NSW) – s 6(1).

New South Wales Crime Commission Act 1985 (NSW) – s 13(9).
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