Federal Court of Australia
ep CATCHWORDS
-ADMINISTRATIVE LAW - Extradition to United States - Alleged drug
offences - Whether regulations to bring into force Treaty with United States may extend operation of Act - Onus of proof of matters referred to in s.13 of Extradition (Foreign States) Act 1966 - Requirement of double criminality in relation to extradition to United States - meaning of "an offence against the law relating to dangerous drugs, narcotics or pyschotropic substances" under Australian law and under American law - Whether having drugs in possession constitutes an "act or omission" - Principles applicable to extradition on conspiracy count - Extradition sought on American offence of "continuing criminal enterprise" - Whether extradition available in relation to offence not known to Australian law - Effect of Treaty requirement that evidence be found sufficient, according to Australian law, to justify trial if the offence had been
committed in Australia - Evidence admissible to prove offence - Variances between evidence and particulars of offences - Sufficiency of evidence to justify trial on various charges.
Extradition (Foreign States) Act 1966 ss. 4, 9, 10, 11, 12, 13, 17, 26 .
Extradition (United States of America) Requiations cl 3, Schedule
COMMONWEALTH OF AUSTRALIA V ROBERT LESLIE RILEY, CLYDE EVANS, KEVIN WEBB, FRANK MACKENZIE G.80 OF 1983
COMMONWEALTH OF AUSTRALIA V WALLACE EDWARD BUTLER, CLYDE EVANS, KEVIN WEBB, FRANK MACKENZIE, ERIC QUARMBY G.81 OF 1983
CORAM SMITHERS, SHEPPARD AND WILCOX JJ
DATE 11 DECEMBER 1984 PLACE SYDNEY ABS Av
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+. NEW SOUTH WALES DISTRICT REGISTRY No. G.80 of 1983
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M2) DIVISION BETWEEN : COMMONWEALTH OF AUSTRALIA Applicant AND: ROBERT LESLIE RILEY First Respondent CLYDE EVANS _ Second Respondent KEVIN WEBB Third Respondent FRANK MACKENZIE Fourth Respondent ORDERS CORAM SMITHERS, SHEPPARD AND WILCOX JJ DATE ll DECEMBER 1984 PLACE SYDNEY : THE COURT ORDERS THAT 1. The Appeal be allowed. 2. The orders made by Fox J be varied:
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