Regina v Malcolm Potier [2011] NSWCCA 170

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Regina v Malcolm Potier [2011] NSWCCA 170 Hearing dates: Wednesday 4 May 2011 Decision date: 28 July 2011 Before: Whealy JA McCallum J Schmidt J Decision: Applications dismissed Catchwords: CRIMINAL LAW - conviction appeal - applicant seeking to rely upon fresh evidence relating to earlier convictions relevant to conviction appealed from - application to cross-examine juror from earlier trial as to impact evidence would have had upon the jury's deliberations at that trial - application to cross-examine a police witness as to compliance with order to produce Legislation Cited: Criminal Appeal Act 1912 Jury Act 1977 Cases Cited: Burrell v R [2008] HCA 34; 238 CLR 218 Gallagher v The Queen [1986] HCA 26; 160 CLR 392 Mickelberg & The Queen [1989] HCA 35; 167 CLR 259 R v Potier [2004] NSWCCA 136 R v Potier [2005] NSWCCA 336 Potier v R [2006] NSWCCA 27 Potier v R [2010] NSWCCA 231 Category: Interlocutory applications Parties: Malcolm Potier (appellant) Crown (respondent) Commissioner of Police (respondent to order to produce) Representation: Counsel M Potier (self represented) N Norman (for Crown) M England (for Commissioner of Police) Solicitors M Potier (self represented) Director of Public Prosecutions (NSW) - Sydney (for Crown) Crown Solicitor's Office - Sydney (for Commissioner of Police) File Number(s): 2005/14700 Publication restriction: None