Ichiyo Ujiie (formerly named Kazuhiro Yashima) v Republic of Singapore [1996] FCA 361

CATCHWORDS

EXTRADITION - Effect of provisions with respect to Commonwealth countries in relation to Singapore - meaning of requirement in Regulation 6 of Extradition (Commonwealth Countries) Regulations that the documents "allow the sufficient evidence test to be satisfied" - statutory substitution of "prima facie evidence test" - comment on drafting of the Act and the Regulations - discussion of effect of statutory test in the context of a case alleged on circumstantial evidence - effect of criminal onus on prima facie case - satisfaction of test in relation to counts of abetment to cheat under Penal Code of Singapore.

Extradition Act 1988, ss.5,11,19 Extradition (Commonwealth Countries) Regulations, regs.3,6

United States of America v Holt (1994) 49 FCR 501 Unkel v Director of Public Prosecutions (1990) 95 ALR 44 Thorp v Abbotto (1992) 34 FCR 366 May v O'Sullivan (1955) 92 CLR 654 Wentworth v Rogers [1984] 2 NSWLR 422 Plomp v The Queen (1963) 110 CLR 234 Chamberlain v The Queen (1983) 153 CLR 514 ICHIYO UJIIE (FORMERLY NAMED KAZUHIRO YASHIMA) V. REPUBLIC OF SINGAPORE NG. 823 of 1995 Lockhart, Burchett & Lindgren JJ. Sydney 16 May 1996

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) NG 823 of 1995 ) GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ICHIYO UJIIE (FORMERLY NAMED KAZUHIRO YASHIMA) Appellant

AND: REPUBLIC OF SINGAPORE Respondent CORAM: Lockhart, Burchett and Lindgren JJ. PLACE: Sydney DATE: 16 May 1996

ORDERS OF THE COURT

THE COURT ORDERS THAT the appeal be dismissed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. G 823 of 1995 ) GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA