Regina v Potier [2005] NSWCCA 256

Regina v Potier [2005] NSWCCA 256

The application for review under s 46 was misconceived because Johnson J had made the bail decision while sitting in the Supreme Court, not as the Court of Criminal Appeal. Although the court received the bail application in the particular circumstances, the applicant's two grounds were far short of indicating a high probability of success and did not demonstrate special or exceptional circumstances required by s 30AA of the Bail Act, so bail pending appeal was refused.

Jurisdiction
Australia
Judgment Date
06 July 2005
Procedural Posture
Criminal Application for Bail Pending Appeal / Court of Criminal Appeal; Application for Bail Made After a Misconceived Application for Review of a Bail Decision Under S 46 of the Bail Act 1978 and an Application for Leave to Appeal Under S 5 F of the Criminal Appeal Act 1912 That Was Not Pressed
Outcome
Application for bail refused.
Legal Topics
['bail Pending Appeal' 'review of Bail Decision' 'special or Exceptional Circumstances' 'jurisdiction of Court of Criminal Appeal']
['criminal Law and Procedure'] ['bail Pending Appeal' 'review of Bail Decision' 'special or Exceptional Circumstances' 'jurisdiction of Court of Criminal Appeal']

Case Brief

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Procedural Posture

Criminal Application for Bail Pending Appeal / Court of Criminal Appeal; Application for Bail Made After a Misconceived Application for Review of a Bail Decision Under S 46 of the Bail Act 1978 and an Application for Leave to Appeal Under S 5 F of the Criminal Appeal Act 1912 That Was Not Pressed

Legal Issues

  1. 1 ['Whether the Court of Criminal Appeal could review under s 46 of the Bail Act 1978 a bail decision made by Johnson J sitting in the Supreme Court.' "Whether the Court of Criminal Appeal should receive the applicant's original application for bail in the circumstances of the listing." 'Whether special or exceptional circumstances existed under s 30AA of the Bail Act to justify bail pending appeal.']

Ratio Decidendi

The application for review under s 46 was misconceived because Johnson J had made the bail decision while sitting in the Supreme Court, not as the Court of Criminal Appeal. Although the court received the bail application in the particular circumstances, the applicant's two grounds were far short of indicating a high probability of success and did not demonstrate special or exceptional circumstances required by s 30AA of the Bail Act, so bail pending appeal was refused.

Court Disposition

Application for bail refused.

Orders

  • ['The application for bail made today is refused.']