Potier v Regina [2006] NSWCCA 300

It was not appropriate to consider fresh evidence in a s 5F appeal for leave; the trial judge was in a better position to evaluate it. No ground was made out for granting leave to appeal.

Jurisdiction: Australia
Judgment Date: 13 September 2006
Procedural Posture: Criminal Appeal / Application for Leave to Appeal Under S 5 F Criminal Appeal Act 1912
Outcome: leave to appeal refused
Legal Topics: ['adjournment of Trial' 'withdrawal of Legal Representatives' 'fresh Evidence on Appeal' 'legal Professional Privilege']

['criminal Law'] ['adjournment of Trial' 'withdrawal of Legal Representatives' 'fresh Evidence on Appeal' 'legal Professional Privilege']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Under S 5 F Criminal Appeal Act 1912

Legal Issues

1 ['Whether leave to appeal should be granted under s 5F of the Criminal Appeal Act 1912 against the refusal of an adjournment after legal representatives withdrew during trial' 'Whether fresh evidence should be received in the appeal to negate an inference drawn by the trial judge']

Ratio Decidendi

It was not appropriate to consider fresh evidence in a s 5F appeal for leave; the trial judge was in a better position to evaluate it. No ground was made out for granting leave to appeal.

Court Disposition

leave to appeal refused

Orders

['leave to appeal refused']