Potier v Regina [2014] NSWCCA 157

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Potier v Regina [2014] NSWCCA 157 Hearing dates: 31/07/2014 Decision date: 15 August 2014 Before: Garling J Decision: Application for the Court to issue a criminal justice stay warrant pursuant to s 151 of the Migration Act 1958 (Cth) is dismissed. Catchwords: CRIMINAL LAW - appeal - interlocutory issues - PROCEDURE - criminal justice stay warrant; application for - applicant seeking to stay in Australia to conduct appeal against conviction in Court of Criminal Appeal - Migration Act 1958 (Cth) - power of the Court to grant criminal justice stay warrant - Supreme Court Act 1970 - PROCEDURE - parties - standing - whether applicant has standing to apply for criminal justice stay warrant - Migration Act 1958 (Cth); Pt 2 Div 4 Legislation Cited: Migration Act 1958 (Cth) Supreme Court Act 1970 Cases Cited: Application by Solomon Barudea [1995] VSC 55 Attorney-General in and for the State of NSW v Potier [2014] NSWSC 118 Goldie v Commonwealth of Australia [2002] FCA 261 Lee v Minister for Immigration and Citizenship [2008] FCA 1023 Minister for Immigration and Citizenship v Zhang [2009] FCAFC 129 Category: Interlocutory applications Parties: Malcolm Hutley Potier (Applicant) The Crown Representation: Counsel: In person (P) (via AVL) J Bremner (Crown) Mr McIlwaine (Commissioner of Corrective Services) Solicitors: Commonwealth Director of Public Prosecutions NSW Crown Solicitor's Office File Number(s): 2005/14700