Potier v R [2010] NSWCCA 234

Potier v R [2010] NSWCCA 234

Applicant did not establish special or exceptional circumstances justifying grant of bail as required under Bail Act 1978, sections 9D and 30AA, nor did he demonstrate that his appeal is certain or very likely to succeed. Arguments concerning denial of legal access and participation in UK proceedings did not amount...

Source-derived case information.

Parties
Applicant: Malcolm Huntley Potier; Respondent: Regina
Jurisdiction
Australia
Judgment Date
18 October 2010
Procedural Posture
Criminal Appeal (bail Application) / Bail Application Pending Appeal
Outcome
Application for bail refused.
Legal Topics
Bail Pending Appeal
Criminal Law Bail Pending Appeal

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Parties

Malcolm Huntley Potier

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal (bail Application) / Bail Application Pending Appeal

Legal Issues

  1. 1 Whether the applicant has established exceptional or special circumstances justifying the grant of bail pending appeal
  2. 2 Whether the applicant's prospects of appeal success meet the required threshold for bail
  3. 3 Whether denial of bail impedes access to legal resources or constitutional rights

Ratio Decidendi

Applicant did not establish special or exceptional circumstances justifying grant of bail as required under Bail Act 1978, sections 9D and 30AA, nor did he demonstrate that his appeal is certain or very likely to succeed. Arguments concerning denial of legal access and participation in UK proceedings did not amount to exceptional circumstances. Application for bail is accordingly refused.

Court Disposition

Application for bail refused.

Orders

  • Application for bail is refused.