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)

[2013] NSWCCA 68

Catchwords

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.

Short Particulars