Application of Malcolm Potier [2015] NSWCCA 199

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Application of Malcolm Potier [2015] NSWCCA 199 Hearing dates: 17 June 2015 Date of orders: 03 August 2015 Decision date: 03 August 2015 Before: Hoeben CJ at CL at [1] Davies J at [2] Hamill J at [74] Decision: 1. The application to review the decision of the State Parole Authority is dismissed. 2. The application to appeal from the judgment of Garling J of 15 August 2014 is dismissed. 3. Release application dismissed and bail is refused. Catchwords: CRIMINAL LAW – Court of Criminal Appeal – jurisdiction – criminal justice stay warrant – offender unlawful non-citizen - offender convicted of soliciting to murder – offender imprisoned – appeal against conviction - offender requests court to issue warrant to prevent his deportation – unsuccessful application to single judge – no power in single judge sitting as Court of Criminal Appeal to issue warrant – whether appeal available to full bench of Court of Criminal Appeal - offender's appeal against conviction dismissed – rule 50C application by offender – whether Court of Criminal Appeal has jurisdiction to consider issue of warrant – whether need for offender to remain in Australia Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Criminal Appeal Rules Migration Act 1958 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Attorney-General (NSW) v Potier [2014] NSWSC 118 Boatswain v State Parole Authority [2014] NSWSC 501 Bruce Edward Gall v R (No 2) [2015] NSWCCA 152 Potier v Attorney-General in and for the State of New South Wales [2015] NSWCA 129 Potier v R [2006] NSWCCA 27 Potier v R [2015] NSWCCA 130 Potier v Regina [2014] NSWCCA 157 Potier v The Queen [2013] HCATrans 13 Potier v The Queen [2013] HCATrans 207 R v Abou-Chabake [2004] NSWCCA 356; (2004) 149 A Crim R 417 R v Potier [2004] NSWCCA 136 Category: Principal judgment Parties: Malcolm Huntley Potier (Applicant) Crown Representation: Counsel: In person (Applicant) No appearance (Crown)