Lewis v The Queen

This matter came before the High Court of Australia on an application for special leave to appeal. The applicant, Lewis, sought to challenge decisions of the lower courts concerning pre-trial publicity. The respondent was the Crown.

The central legal issue before the High Court was whether the courts below had applied the correct legal test when considering the impact of pre-trial publicity generated by the prosecution. The applicant contended that a stricter rule should apply in such circumstances, distinct from the tests used for pre-trial publicity arising from other sources. The applicant abandoned other grounds of appeal to focus on this specific issue.

The applicant argued that the trial judge and the Court of Appeal erred by applying general tests for pre-trial publicity, such as those discussed in *Reg v Glennon* and *Jago*, rather than a more stringent standard applicable when the publicity originates from the prosecuting authorities. The applicant referred to a passage in Justice Brennan's judgment in *Reg v Glennon* which discussed the balancing of interests in cases of pre-trial publicity. The applicant's submission was that the courts failed to account for the unique considerations that arise when the prosecution itself generates publicity that may prejudice an accused's right to a fair trial.