Potier v R

The appeal was heard by the Court of Criminal Appeal of Victoria, presided over by a full bench of the court. The appellant, an unlawful non-citizen, was convicted of soliciting to murder and was imprisoned. The appellant appealed against his conviction but also requested the court to issue a warrant to prevent his deportation. A single judge of the court had already dismissed the request for a warrant, holding that such a warrant could not be issued by a single judge sitting as the Court of Criminal Appeal. The appellant then sought to have the full bench of the Court of Criminal Appeal consider the issue of the warrant, arguing that the need to remain in Australia was a matter of jurisdictional importance. The appellant's appeal against conviction was dismissed by the full bench.

The court was required to determine whether the full bench of the Court of Criminal Appeal had the jurisdiction to consider the issue of a criminal justice stay warrant, and whether the need for the offender to remain in Australia was a matter of jurisdictional importance. The court also needed to consider whether the Court of Criminal Appeal could consider the issue of a warrant in the context of an appeal against conviction.

The court found that the full bench of the Court of Criminal Appeal did not have the jurisdiction to consider the issue of a criminal justice stay warrant. The court held that the single judge had correctly found that such a warrant could not be issued by a single judge sitting as the Court of Criminal Appeal. The court further held that the need for the offender to remain in Australia was not a matter of jurisdictional importance, and that the Court of Criminal Appeal did not have jurisdiction to consider the issue of a warrant in the context of an appeal against conviction. The court noted that the matter of whether the offender should be deported was a matter for the Minister for Immigration and Border Protection, and that the court could not interfere with the Minister's decision.

The appeal was dismissed and the application for a criminal justice stay warrant was refused. The court held that the full bench of the Court of Criminal Appeal did not have the jurisdiction to consider the issue of a warrant, and that the need for the offender to remain in Australia was not a matter of jurisdictional importance. The court further held that the Court of Criminal Appeal could not consider the issue of a warrant in the context of an appeal against conviction. The court emphasised that the matter of whether the offender should be deported was a matter for the Minister for Immigration and Border Protection, and that the court could not interfere with the Minister's decision.