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

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

The convictions were quashed because the participation of an illiterate juror, in a trial where consideration of extensive written evidence was required, constituted a miscarriage of justice warranting a new trial.

Parties
First Appellant: Man Fu Vico Lee; Second Appellant: Hin Yiu Tang; Respondent: Director of Public Prosecutions (Cth)
Jurisdiction
Australia
Judgment Date
23 June 2015
Procedural Posture
Criminal Appeal / Conviction Appeal
Outcome
Convictions quashed; retrial ordered
Legal Topics
Jury Discharge, Miscarriage of Justice, Conviction Appeals, Illiteracy of Juror, Federal Offences
Criminal Law Procedure Jury Discharge Miscarriage of Justice Conviction Appeals Illiteracy of Juror Federal Offences

Case Brief

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Parties

Man Fu Vico Lee

First Appellant

Hin Yiu Tang

Second Appellant

Director of Public Prosecutions (Cth)

Respondent

Procedural Posture

Criminal Appeal / Conviction Appeal

Legal Issues

  1. 1 Whether the presence of an illiterate juror constitutes a miscarriage of justice
  2. 2 Whether the appellants' convictions should be quashed due to the irregularity in jury composition
  3. 3 Whether the Court of Criminal Appeal has jurisdiction to hear the appeal in these circumstances

Ratio Decidendi

The convictions were quashed because the participation of an illiterate juror, in a trial where consideration of extensive written evidence was required, constituted a miscarriage of justice warranting a new trial.

Court Disposition

Convictions quashed; retrial ordered

Orders

  • 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.
  • No publication of the names of the appellants or of any information which would allow identification of the appellants, until the completion of any further proceedings on the charges laid against them, pursuant to Court Suppression and Non-Publication Orders Act 2010 s 9(1) and 8(1)(a).