D Y Lee v. The Queen, S W Lee v. The Queen
Lower Court Judgment
3/04/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Basten JA, Hall J, Beech-Jones J)
Criminal law – Appeal against conviction – Criminal Appeal Act 1912 (NSW) (“CAA”) – Proper characterisation of “miscarriage of justice” limb of s 6(1) of CAA – Whether Court of Criminal Appeal (“CCA”) erred in application of limb – Whether limb requires a causal connection be established between an irregularity and conviction at trial – Whether onus falls on applicant to prove both miscarriage of justice and application of proviso.
Criminal law – Appeal against conviction – New South Wales Crime Commission Act (NSW) (“NSWCC Act”) – Whether Court CCA erred in construction of ss 6, 7, 13 and 18B of NSWCC Act – Whether CCA failed to properly assess illegality and/or impropriety of New South Wales Crime Commission.
13/12/2013 Hearing (SLA, Sydney)
23/12/2013 Notice of appeal
07/02/2014 Written submissions (Appellant - S W Lee)
07/02/2014 Joint Chronology (Appellants)
19/02/2014 Amended written submissions (Appellant - D Y Lee)
03/03/2014 Written submissions (Respondent - D Y Lee)
03/03/2014 Written submissions (Respondent - S W Lee)
14/03/2014 Reply (Appellant - S W Lee)
20/03/2014 Amended reply (Appellant - D Y Lee)
03/04/2014 Hearing (Full Court, Canberra)