Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Potier v R [2014] NSWCCA 177 Hearing dates: 27 August 2014 Decision date: 28 August 2014 Before: Leeming JA; Adams J; Fullerton J Decision: Order made on 27 August 2014:
Application for bail dismissed.
Catchwords: CRIMINAL LAW - bail - pending appeal - need to show special or exceptional circumstances - application dismissed Legislation Cited: Bail Act 1978 (NSW), ss 9D, 22, 30AA
Bail Act 2013 (NSW), ss 5, 17, 22, 61, 67, 76, 71, 74, Schedule 3
Crimes (Appeal and Review) Act 2001 (NSW), Part 7
Vexatious Proceedings Act 2008 (NSW)Cases Cited: Miles v R [2012] NSWCCA 88
New South Wales v Kable [2013] HCA 26; 87 ALJR 737
Petroulias v R [2010] NSWCCA 95
R v Wilson (1994) 34 NSWLR 1Category: Interlocutory applications Parties: Malcolm Huntley Potier (Applicant)
Regina (Respondent)Representation: Counsel:
Applicant (Self-represented)
J Pickering SC (Crown)
Solicitors:
Malcolm Huntley Potier (Self-represented)
Solicitor for Public Prosecutions (Crown)
File Number(s): 2005/14700
Judgment
JUDGMENT of the COURT: These are our reasons for dismissing the application for bail immediately following the completion of the hearing on 27 August 2014.
Mr Malcolm Huntley Potier has been in custody since 9 May 2000 when he was arrested and charged with two counts of solicit to murder. He was tried and convicted, and a head sentence of 8 years and 8 months was imposed. His appeals to the Court of Criminal Appeal were dismissed (there were separate hearings of, first, a sentence appeal: R v Potier [2004] NSWCCA 136, and then a conviction appeal: Potier v R [2006] NSWCCA 27). Special leave to appeal to the High Court was sought, and refused.
The sentence has been wholly served. Mr Potier wishes to apply for a review under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW). Mr Potier maintained that he had in fact done so, but the Crown contended that, because of an order made under the Vexatious Proceedings Act 2008 (NSW) (as to which see further below), that had not occurred because leave was required and had not been obtained. We express no view on the point. For present purposes, it is sufficient to say that on any view, the review process, to the extent that it has started at all, remains at a preliminary stage.
While in custody, Mr Potier was charged with another count of solicit to murder. He was convicted of this offence in 2006, and sentenced to 12 years imprisonment with a non-parole period of 7 years commencing on 7 August 2006. He has an undetermined appeal, or application for leave to appeal, against that conviction, listed for hearing in November 2014.
Mr Potier has applied for bail before. By a reserved decision, R A Hulme J refused bail: Potier v R [2010] NSWCCA 234. His Honour noted that because of each of ss 9D and 30AA of the (former) Bail Act 1978 (NSW), bail could…
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- AGLC
- Potier v The Queen [2014] NSWCCA 177
- Case
- [2014] NSWCCA 177
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court of Criminal Appeal related to the criteria for granting bail to an applicant who had already served a custodial sentence and was awaiting the outcome of an appeal. The Court considered whether there were special or exceptional circumstances that justified the grant of bail. The Court noted that the applicant had a history of vexatious litigation, and that his application for bail had been previously refused. The Court also noted that the applicant had been convicted of another serious offence while in custody, and that he had been denied parole. The Court concluded that there were no special or exceptional circumstances that warranted the grant of bail.
The Court of Criminal Appeal dismissed the application for bail, finding that there were no special or exceptional circumstances that justified the grant of bail. The Court noted that the applicant had a history of vexatious litigation, and that his application for bail had been previously refused. The Court also noted that the applicant had been convicted of another serious offence while in custody, and that he had been denied parole. The Court held that the applicant had not demonstrated any special or exceptional circumstances that warranted the grant of bail.
The Court made no orders for costs.
Orders
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Background
Background to the litigation
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