Lee v The Queen

The High Court of Australia considered an appeal by the appellants against their convictions. The central dispute concerned the publication of transcripts of the appellants' evidence given before the New South Wales Crime Commission, despite a non-publication direction made under s 13(9) of the *New South Wales Crime Commission Act 1985* (NSW). The transcripts were published to members of the New South Wales Police Force and officers of the Director of Public Prosecutions.

The High Court was required to determine whether the publication of the appellants' evidence before the Commission meant that their subsequent trial fundamentally differed from that which the Australian system of criminal justice aims to provide. It also had to consider whether this publication gave rise to a miscarriage of justice.

The Court reasoned that the non-publication direction under s 13(9) of the Act was intended to protect the integrity of the criminal justice process. The publication of the evidence, even to law enforcement and prosecution agencies, undermined this protection. The Court held that the publication constituted a miscarriage of justice because it created a real risk that the appellants' trial would be prejudiced, thereby departing from the fundamental principles of a fair trial. The Court applied the principles relating to miscarriages of justice, emphasizing the importance of ensuring that trials are conducted without unfair prejudice.

Consequently, in each matter, the High Court allowed the appeal, set aside the order of the Court of Criminal Appeal of the Supreme Court of New South Wales, and ordered that the appellants' convictions be quashed and a new trial be had.