Potier – Application for an inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2018] NSWSC 768

Supreme Court New South Wales

Medium Neutral Citation: Potier – Application for an inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2018] NSWSC 768 Hearing dates: On the papers Decision date: 25 May 2018 Jurisdiction: Common Law Before: Walton J Decision: Application refused Catchwords: CRIMINAL LAW – application under Part 7 Crimes (Appeal and Review) Act 2001 for inquiry into conviction for two convictions to solicit to murder – no doubt or question as to the applicant's guilt or as to any part of the evidence in the case – application refused Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Cases Cited: Application of Dunn [2005] NSWSC 857 Application of Peter James Holland under s 78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Application of Visser (Newman J, 27 June 1994, BC9402667) Eastman v Director of Public Prosecutions (ACT) [2003] 214 CLR 318 GAR v Attorney General of New South Wales (No 2) [2017] NSWCA 314 Potier v Parole Authority of NSW [2016] NSWSC 39 Potier v The Queen [2006] NSWCCA 27 Potier v The Queen [2013] HCATrans 207 Potier v The Queen [2015] NSWCCA 130 R v Emmett; R v Masland (1988) 14 NSWLR 327 R v Potier [2004] NSWCCA 136 Richard John Sinclair Laws (No 2) (2000) 116 A Crim R 70 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Category: Principal judgment Parties: Malcolm Potier (Applicant) Regina Representation: Counsel: D Kell SC & A Mitchelmore (Respondent)