POTIER v REGINA [2006] NSWCCA 27

POTIER v REGINA [2006] NSWCCA 27

The appeal was dismissed because the trial judge's rulings and directions disclosed no error causing a miscarriage of justice. The recordings and intercepts were found to have been authorised by warrants and properly admitted; the alleged entrapment, vulnerability, hearsay, disclosure, transcript, juror and indictment grounds had no substance; and the jury was entitled to accept Ms Conway's evidence and the integrity of the recorded conversations, which made the Crown case strong.

Jurisdiction
Australia
Judgment Date
17 February 2006
Procedural Posture
Criminal Appeal Against Conviction for Two Counts of Soliciting to Murder Contrary to S 26 of the Crimes Act 1900 / Appeal in the New South Wales Court of Criminal Appeal
Outcome
Appeal dismissed.
Legal Topics
['soliciting to Murder' 'entrapment' 'illegally Obtained Evidence' 'telephone Intercepts and Listening Devices' 'use of Transcripts of Recorded Conversations' 'hearsay Evidence' 'jury Deliberations' 'indictment']
['criminal Law' 'evidence' 'criminal Procedure'] ['soliciting to Murder' 'entrapment' 'illegally Obtained Evidence' 'telephone Intercepts and Listening Devices' 'use of Transcripts of Recorded Conversations' 'hearsay Evidence' 'jury Deliberations' 'indictment']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction for Two Counts of Soliciting to Murder Contrary to S 26 of the Crimes Act 1900 / Appeal in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial miscarried because the evidence of Optus officer David Finlay was called without adequate notice or was hearsay.' "Whether the trial judge's summing up fairly and adequately put the appellant's defence, including the challenge to Ms Conway's credibility and the recorded conversations." 'Whether the appellant was entrapped by undercover operative M or whether evidence should have been excluded as improperly or illegally obtained.' 'Whether the recordings, telephone intercepts and face-to-face conversation evidence were lawfully obtained and properly admitted under s 138 of the Evidence Act 1995.' "Whether the appellant's vulnerability, including distress, suicide watch and medication, required exclusion of the evidence." 'Whether the jury were properly directed about the use of transcripts and recordings.' 'Whether interim rulings concerning disclosure, controlled operations, the ERISP, email evidence and alleged witness coaching caused a miscarriage of justice.' "Whether the Court could investigate the mind of a juror by reference to a juror's published book." 'Whether the indictment was defective because it named undercover operative M rather than the person who might physically carry out the killings.']

Ratio Decidendi

The appeal was dismissed because the trial judge's rulings and directions disclosed no error causing a miscarriage of justice. The recordings and intercepts were found to have been authorised by warrants and properly admitted; the alleged entrapment, vulnerability, hearsay, disclosure, transcript, juror and indictment grounds had no substance; and the jury was entitled to accept Ms Conway's evidence and the integrity of the recorded conversations, which made the Crown case strong.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']