Grey v The Queen

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE AND CALLINAN JJANTHONY STEPHEN GREY   APPELLANTANDTHE QUEEN  RESPONDENTGrey v The Queen [2001] HCA 6515 November 2001S2/2001ORDER1.Appeal allowed.2.Set aside the order of the Court of Criminal Appeal of New South Wales dated 3 March 2000 and in lieu thereof order that:a)     the appellant’s appeal to that Court be allowed;b)     the appellant’s convictions be quashed and a new trial be had of each of the counts of which he was convicted.On appeal from the Supreme Court of New South WalesRepresentation:P Byrne SC with P J D Hamill and T S Corish for the appellant (instructed by Legal Aid Commission of New South Wales)N R Cowdery QC with A M Blackmore for the respondent (instructed by S E O'Connor, Solicitor for Public Prosecutions)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSGrey v The QueenCriminal law – Evidence – Crown witness with prior convictions – Accused unaware that Crown witness had received favourable treatment by the Crown in consideration of testimony against the accused – Whether absence of disclosure to the accused of the favourable treatment of the Crown witness caused the trial of the accused to miscarry – Substantial miscarriage of justice. Evidence Act 1995 (NSW), s 165(1)(d), (2).Criminal Appeal Act 1912 (NSW), s 6(1).GLEESON CJ, GUMMOW AND CALLINAN JJ.   The issue in this case is whether a criminal trial miscarried because the accused was not provided with a copy of a letter...