Potier v R [2010] NSWCCA 231

New South Wales Court of Criminal Appeal

CITATION: Potier v R [2010] NSWCCA 231

HEARING DATE(S): 8 October 2010

JUDGMENT DATE: 18 October 2010

JUDGMENT OF: RA Hulme J

DECISION: Applications dismissed.

CATCHWORDS: CRIMINAL LAW - appeal and new trial - procedure - application to cross examine as to compliance with order to produce - application for juror at trial to attend to give evidence as to possible impact upon verdict of "fresh evidence"

LEGISLATION CITED: Criminal Appeal Act 1912

Burrell v The Queen [2008] HCA 34; 238 CLR 218 Gallagher v The Queen [1986] HCA 26; 160 CLR 392 Malcolm Huntley Potier v Director of Public Prosecutions and Anor, unreported, Court of Criminal Appeal, 1 March 2005 CASES CITED : Mickelberg v The Queen [1989] HCA 35; 167 CLR 259 Potier v Regina [2006] NSWCCA 27 R v Potier [2005] NSWCCA 336 Regina v Potier [2004] NSWCCA 136

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

FILE NUMBER(S): CCA 2005/14700

Ms Dowling for the Crown COUNSEL: Mr Cahill for Commissioner of Police Applicant in person

SOLICITORS: Solicitor for Public Prosecutions State Crown Solicitors

- 1 - IN THE COURT OF CRIMINAL APPEAL 2005/14700

R A Hulme J

18 October 2010 Malcolm Huntley POTIER v Regina Judgment 1 HIS HONOUR: Mr Potier has made three applications that I heard on 8 October 2010. There are two applications that persons be required to attend and give evidence and in relation to those I was sitting as a single judge pursuant to s 22 of the Criminal Appeal Act 1912. The third application was for bail, a matter I deal with in a separate judgment.