Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Republic of South Africa v De Bruyn [1999] FCA 516 EXTRADITION – Extradition to South Africa – supporting documents – "conduct constituting the offence" – meaning of "acts or omissions … by virtue of which the offence … is alleged to have been committed" – time at which double criminality is tested – whether mens rea comes within the expression "acts or omissions" in the Act – sufficiency of allegations of knowledge and intent – application of provision referring to "maximum penalty" where foreign criminal procedure provided for imprisonment without limit – concern of extradition legislation, where alien systems of law are involved, with substance rather than the Australian form of words – consideration of authentication and the question whether amendment of the Act should be considered to give the Court powers similar to those conferred on a magistrate by s 19(4) – form of order on allowance of appeal by foreign state. Extradition Act 1988 (Cwth), ss 5, 10, 16, 19, 21
Extradition (Republic of South Africa) Regulations Ujiie v Republic of Singapore (1996) 66 FCR 323 cited Dutton v Republic of South Africa [1999] FCA 2 cited Zoeller v Federal Republic of Germany (1989) 23 FCR 282 applied Wiest v Director of Public Prosecutions (1988) 23 FCR 472 applied Riley v The Commonwealth of Australia (1985) 159 CLR 1 applied Government of Canada v Aronson [1990] 1 AC 579 applied Kilbride v Lake [1962] NZLR 590 applied Holt v Hogan (No 2) (1993) 46 FCR 145 applied Prabowo v Republic of Indonesia (1996) 61 FCR 258 referred to GTE (Australia) Pty Ltd v Brown (1986) 14 FCR 309 referred to Sun World International Inc v Registrar, Plant Breeder's Rights (1998) 158 ALR 98 applied Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation Berhad (1998) 158 ALR 1 applied Foster v Attorney-General (1998) 158 ALR 394 referred to Attorney-General v Foster (1999) 161 ALR 232 referred to REPUBLIC OF SOUTH AFRICA v JACOB JOHANNES DE BRUYN & ANOR NG 1162 of 1997 Burchett J 28 April 1999 Sydney
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