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

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

The Accused waived client legal privilege for the purposes of s.122 Evidence Act 1995 because his senior counsel's cross-examination of Kathy Lin at committal proceedings disclosed the substance of otherwise privileged communications at the 6 May 2010 meeting with Mr Sheen. That disclosure was knowing and voluntary and was inconsistent with maintaining privilege to prevent Mr Sheen being questioned about communications on the same topic.

Jurisdiction
Australia
Judgment Date
12 December 2013
Procedural Posture
Criminal Pretrial Hearing / Basha Inquiry Ruling on Client Legal Privilege Waiver
Outcome
Client legal privilege waived.
Legal Topics
['basha Inquiry' 'waiver of Client Legal Privilege' 'cross Examination at Committal Proceedings' 'evidence Act 1995 S.122' 'confidential Solicitor Client Communications']
['criminal Law' 'evidence' 'client Legal Privilege'] ['basha Inquiry' 'waiver of Client Legal Privilege' 'cross Examination at Committal Proceedings' 'evidence Act 1995 S.122' 'confidential Solicitor Client Communications']

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Procedural Posture

Criminal Pretrial Hearing / Basha Inquiry Ruling on Client Legal Privilege Waiver

Legal Issues

  1. 1 ['Whether the Accused waived client legal privilege over communications with his former solicitor, Mr Sheen, by his senior counsel cross-examining Kathy Lin at committal proceedings about discussions at a meeting with Mr Sheen on 6 May 2010.' 'Whether the Crown could ask Mr Sheen questions in the Basha Inquiry about discussions concerning shoes or shoeboxes after the New South Wales Crime Commission private hearing.']

Ratio Decidendi

The Accused waived client legal privilege for the purposes of s.122 Evidence Act 1995 because his senior counsel's cross-examination of Kathy Lin at committal proceedings disclosed the substance of otherwise privileged communications at the 6 May 2010 meeting with Mr Sheen. That disclosure was knowing and voluntary and was inconsistent with maintaining privilege to prevent Mr Sheen being questioned about communications on the same topic.

Court Disposition

Client legal privilege waived.

Orders

  • ['Client legal privilege existed in May 2010 with respect to confidential communications between Daniel Sheen and his then clients, Lian Bin Robert Xie and Kathy Lin.' "The cross-examination of Kathy Lin by senior counsel for the Accused during committal proceedings constituted waiver of client legal privilege by...