Updated: Read my analysis of the High Court’s decision in Lee v R here.

On Wednesday 21 May 2014 the High Court will publish its decision in Lee v R.

Background

Mr Jason Lee has a recent history in the High Court. I discuss his last foray, Lee v New South Wales Crime Commission1 in my article To what extent does X7 v ACC remain ‘useful’ law?. That decision held that Mr Lee could be compulsorily examined before the New South Wales Crime Commission in relation to events that were the subject of pending criminal charges against him.

As appears to be the practice in New South Wales, the Crime Commission disclosed the transcript of Mr Lee’s examination to the Police and the Crown Prosecutor in his criminal trial (contrary to a non-disclosure order that was made in the examination). Mr Lee was duly convicted at his trial. The New South Wales Court of Criminal Appeal dismissed his appeal against conviction, holding that he was not denied a fair trial.2 He appealed to the High Court and it is that decision which is now to be handed down.

Copies of the submissions and transcript before the High Court in Lee v R are available from the Court’s website.

Updated: Read my analysis of the High Court’s decision in Lee v R here.

  1. [2013] HCA 39 []
  2. Lee v R [2013] NSWCCA 68 []