NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: POTIER v REGINA [2006] NSWCCA 27
HEARING DATE(S): 30 September 2005 5 October 2005
JUDGMENT DATE: 17 February 2006
JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 97; Rothman J at 98
DECISION: This decision has been amended. Please see the end of the judgment for a list of the amendments; Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against conviction - soliciting to murder - entrapment - illegally obtained evidence - vulnerability - warnings to jury regarding use of transcripts of recorded conversations - trial judge's discretion to admit evidence - hearsay evidence - investigating the mind of a juror - error on the face of the indictment
Crimes Act 1900 (NSW) LEGISLATION CITED: Crimes Act 1914 (Cth) Evidence Act 1995 Law Enforcement (Controlled Operations) Act 1997
King v The Queen (1986) 161 CLR 423 R v Mack (1988) 44 CCC (3d) 513 CASES CITED: R v Masland (1988) 14 NSWLR 327 R v Ridgeway (1995) 78 A Crim R 307 R v Sloane (1990) 49 A Crim R 270 Richard John Sinclair Laws (No 2) (2000) 116 A Crim R 70
PARTIES: Malcolm Huntley Potier (Appl) The Crown
FILE NUMBER(S): CCA 2001/3101
COUNSEL: W Roser (Crown) J W Conomos (Appl)
SOLICITORS: Director of Public Prosecutions (Crown) McGowan Lawyers (Appl)
LOWER COURT JURISDICTION: District Court
LOWER COURT JUDICIAL OFFICER: Hosking DCJ
LOWER COURT DATE OF DECISION: 30/09/2005
IN THE COURT OF CRIMINAL APPEAL 2001/3101
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