Lee, Do Young v Regina; Lee, Seong Won v Regina [2013] NSWCCA 68

Lee, Do Young v Regina; Lee, Seong Won v Regina [2013] NSWCCA 68

Neither the unlawful dissemination of Crime Commission records nor possession of examination transcripts by the prosecution led to actual unfairness or miscarriage of justice at trial, as no practical disadvantage or causal connection to the convictions was shown. Directions given to the jury concerning reliability of Pak's evidence, possession (joint and individual), and use of evidence regarding consciousness of guilt were legally adequate. The verdicts were open to the jury on the evidence led. The appeals were therefore to be dismissed on the merits of all grounds advanced.

Parties
Appellant: Seong Won Lee; Appellant: Do Young Lee (Jason Lee); Respondent: Crown
Jurisdiction
Australia
Judgment Date
03 April 2013
Procedural Posture
Criminal Appeal / Appeal From Conviction—court of Criminal Appeal, Supreme Court of NSW
Outcome
Appeals dismissed
Legal Topics
Admissibility of Compelled Evidence, Non Publication Orders, Statutory Powers of Commissions, Unlawful Dissemination to Prosecution, Miscarriage of Justice, Judicial Directions to Jury, Appeals Against Conviction, Joint and Individual Possession, Unreasonable Verdicts
Criminal Law Administrative Law Admissibility of Compelled Evidence Non Publication Orders Statutory Powers of Commissions Unlawful Dissemination to Prosecution Miscarriage of Justice Judicial Directions to Jury +3 more

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Parties

Seong Won Lee

Appellant

Do Young Lee (Jason Lee)

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction—court of Criminal Appeal, Supreme Court of NSW

Legal Issues

  1. 1 Whether prosecutor's possession or use of appellants' transcripts denied right to fair trial or caused miscarriage of justice
  2. 2 Adequacy of trial judge's warning to jury about unreliable witness (Brendon Pak)
  3. 3 Whether verdicts were unreasonable or unsupported by evidence

Ratio Decidendi

Neither the unlawful dissemination of Crime Commission records nor possession of examination transcripts by the prosecution led to actual unfairness or miscarriage of justice at trial, as no practical disadvantage or causal connection to the convictions was shown. Directions given to the jury concerning reliability of Pak's evidence, possession (joint and individual), and use of evidence regarding consciousness of guilt were legally adequate. The verdicts were open to the jury on the evidence led. The appeals were therefore to be dismissed on the merits of all grounds advanced.

Court Disposition

Appeals dismissed

Orders

  • (1) With respect to Jason Lee: grant leave to appeal on grounds 1(a), 1(b), 5; refuse leave on grounds 2, 3, 4, 6; appeal dismissed on all granted grounds.
  • (2) With respect to Seong Won Lee: grant leave to appeal on all grounds except ground 2 (leave refused); appeal dismissed on all granted grounds.