Potier v R [2010] NSWCCA 234

New South Wales Court of Criminal Appeal

CITATION: Potier v R [2010] NSWCCA 234

HEARING DATE(S): 8 October 2010

JUDGMENT DATE: 18 October 2010

JUDGMENT OF: RA Hulme J

DECISION: Application for bail refused.

CATCHWORDS: CRIMINAL LAW - appeal and new trial - bail pending appeal

LEGISLATION CITED: Bail Act 1978 Criminal Appeal Act 1912

Burrell v The Queen [2008] HCA 34; 238 CLR 218 CASES CITED : Potier v Regina [2006] NSWCCA 27 R v Abou-Chabake [2004] NSWCCA 356; 149 A Crim R 417 R v Wilson (1994) 34 NSWLR 1

PARTIES: Malcolm Huntley Potier (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2005/14700

COUNSEL: Ms Dowling for the Crown Applicant in person

SOLICITORS: Solicitor for Public Prosecutions

IN THE COURT OF CRIMINAL APPEAL 2005/14700

R A Hulme J

18 October 2010 Malcolm Huntley POTIER v Regina Judgment 1 HIS HONOUR: Malcolm Huntley Potier has applied for bail in respect of a matter in which an appeal is pending in the Court of Criminal Appeal. The power of the Court to grant such an application is provided by s 30 Bail Act 1978. 2 Mr Potier was charged with solicit to murder in 2002 and that matter was the subject of a trial in the Sydney District Court in August to October 2006 which resulted in a verdict of guilty. On 13 November 2006 he was sentenced to imprisonment for 12 years with a non-parole period of 7 years from 7 August 2006. He is eligible for release on parole on 6 August 2013.

3 A notice of intention to appeal was filed but subsequently expired. Mr Potier was later granted leave by Hoeben J to file a further notice of intention to appeal. Notwithstanding no notice of appeal has yet been filed, by virtue of the provisions of s 10(2) of the Criminal Appeal Act 1912, an appeal against conviction is taken to be pending in the Court.