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Lawless v The Queen Duties of a Prosecutor: Disclosure of Material Evidence Crown prosecutors are considered ideally as "ministers of justice" who strive impartially to discover the truth in criminal trials. However, the very nature of an adversarial system contravenes this notion, frequently forcing the prosecutor to do the opposite - aiming for a conviction. The High Court case of Lawless1 demonstrates this conflict in the issue of prosecution obligation of disclosure, in which it was held by majority that the prosecution had no duty to disclose material that was of relevance to the defence and that a miscarriage of justice had not occurred. Nonetheless, since this decision, Australian common law has evolved somewhat, recognising that notions of natural justice required such disclosure. The purpose of this paper is to discuss and determine what current law has to say on the matter. Common Law. Duty to Call Witnesses. Lane argued that the...

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