Bennett v Government of the United Kingdom [2000] FCA 916

FEDERAL COURT OF AUSTRALIA

Bennett v Government of the United Kingdom [2000] FCA 916

Extradition - scope of review under s 21 of Extradition Act - whether by way of rehearing Extradition - supporting documents - warrant - whether warrant's validity according to law of requesting country reviewable Extradition - supporting documents - warrant - due authentication - sealing - whether seal must be affixed to warrant directly Extradition - supporting documents - warrant - due authentication - purported certification by officer in or of requesting country - significance of requirement that certification be "purported" - whether purported certification requires signature - whether initialling satisfies requirement of signing - whether class of certifying officer implied limited Extradition - supporting documents - statement of description of and penalty for offence - whether questions as to existence of offence under requesting country's law at relevant time and as to penalty for such offence under requesting country's law at relevant time examinable by magistrate or court Extradition - supporting documents - statement of conduct constituting offence - whether witness statements can amount to "conduct" statement - whether Scottish petition for arrest warrant can amount to "conduct" statement Extradition - "extradition offence" - whether question whether offence is "extradition offence" to be determined by particular circumstances of person whose surrender is requested Extradition - double criminality - significance of fact that "conduct" statement alleges conduct outside relevant law area of requesting country - whether double criminality question to be determined solely by reference to "conduct" statement Extradition - double criminality - whether local offence must exist containing all elements of conduct alleged by requesting country Extradition - extradition objection - undergoing punishment - whether person can undergo punishment for offence without having been convicted Extradition - whether question as to whether proceedings before magistrate by requesting country an abuse of process examinable by magistrate or court Extradition - "sufficient grounds" - admissibility of evidence - hearsay - conversations not in direct speech - statements of conclusions Extradition - "sufficient grounds" - approach to consideration of circumstantial evidence Criminal law - New South Wales - effect of s 3A of Crimes Act on s 178BA of Crimes Act - whether representation that representor in position to do something a deception within s 178BA of Crimes Act - whether representation that representor prepared to do something a deception within s 178BA of Crimes Act Criminal law - New South Wales - cheque as "valuable thing" for purposes of s 178BA of Crimes Act Practice & procedure - extradition - whether magistrate should be named as respondent to application under s 21 of Extradition Act for review of magistrate's order Words & Phrases - "purported", "undergoing punishment"