Hermanowski v United States of America [2006] FCAFC 8

FEDERAL COURT OF AUSTRALIA

Hermanowski v United States of America [2006] FCAFC 8 EXTRADITION – Application of Treaty on Extradition between Australia and the United States of America that came in force on 8 May 1976 as amended by the Protocol done at Seoul on 4 September 1990 – requirements of Article XI(3)(c) as to description of facts setting forth reasonable grounds for believing that an offence has been committed and the person sought committed it EVIDENCE – proof and application of foreign law WORDS AND PHRASES – 'reasonable grounds for believing' Extradition Act 1988 (Cth), ss 10(2), 11, 19, 21, 22(5) Extradition (United States of America) Regulations (1988) Hermanowski v United States of America [2005] NSWSC 145affirmed in part Cabal v United Mexican States [2001] FCA 427 referred to Commonwealth v Official Trustee in Bankruptcy [2004] NSWSC 1155 cited Croton v The Queen (1967) 117 CLR 326 cited Dallison v Caffery [1965] 1 QB 348 cited East Grace Corporation v Xing (No 2) [2005] FCA 1266 cited George v Rockett (1990) 170 CLR 104cited Griffiths v United States of America (2005) 214 ALR 665 referred to Isakka v South Australian Asset Management Corp (non registered entity) [2002] QCA 549 cited Jacobi v United States of America [1996] FCA 962cited Mitchell v John Heine & Son Ltd (1938) 38 SR NSW 466cited Pasini v United Mexican States (2002) 209 CLR 246cited Ruddock v Taylor (2005) 221 ALR 32cited Todhunter v Attorney-General (Cth) (1994) 52 FCR 228 referred to Todhunter v United States of America (1995) 57 FCR 70 applied M Cherif Bassiouni, International Extradition: United States Law and Practice, 4th edn, Oceana Publications, Inc., Dobbs Ferry, New York, 2002, Ch X DA Ipp, 'Must a prosecutor believe that the accused is guilty? Or, was Sir Frederick Jordan being recalcitrant?' (2005) 79 ALJ 233 PE Nygh and M Davies, Conflict of Laws in Australia, 7th edn, LexisNexis Butterworths, Australia, 2002 HERMANOWSKI v UNITED STATES OF AMERICA AND HER HONOUR JILLIAN ORCHISTON, MAGISTRATE NSD 642 OF 2005 GYLES, CONTI AND GRAHAM JJ 17 FEBRUARY 2006 SYDNEY