Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hellenic Republic v Tzatzimakis [2002] FCA 340
EXTRADITION – eligibility for surrender – review of order for release made by magistrate – application and meaning of s 10(1) of the Extradition Act 1998 (Cth) – where a person is finally convicted in that person's absence – whether s 10(1) applies where absence is voluntary
WORDS & PHRASES – "convicted in … absence" Extradition Act 1998 (Cth) ss 10(1), 12(1), 16(1), 19(1), 19(2)(a), 19(3)(b), 19(9)(a), 19(10), 21(1)(b) Extradition (Foreign States) Act 1966 (Cth), ss 4(3), 17 Crimes Act 1958 (Vic), s 64 Local Government Act 1990 (NSW) Extradition Act 1870 (Imp), ss 10, 26 Extradition (Foreign States) Amendment Act 1985 (Cth) Extradition (Commonwealth Countries) Amendment Bill 1985 (Cth) R v Darnton [1960] VR 191, considered Gapes v Commercial Bank of Australia Ltd (1979) 27 ALR 72, considered Ryan v Heiler (Unreported, Supreme Court of New South Wales, Young J, 26 February 1990), considered Mack's Claim (1900) WN (Eng) 114, referred to McConnell's Claim (1901) 1 Ch 728, referred to Willsmore v Willsmore-Tibbenham Ltd (1965) 109 Sol Jo 699, referred to Wiest v Director of Public Prosecutions (1988) 23 FCR 472, distinguished In re Coppin (1866) 2 Ch App 47, considered R v Governor of Brixton Prison; Ex parte Caborn-Waterfield [1960] 2 QB 498, considered R v Governor of Pentonville Prison; Ex parte Zezza [1983] 1 AC 46, considered Royal Government of Greece v Governor of Brixton Prison [1971] AC 250, considered Atkinson v United States of America Government [1971]AC 197, considered The New Shorter Oxford English Dictionary (1993) The Macquarie Dictionary (1995, 2nd Ed) Attorney-General, 'Second Reading Speech of the Extradition (Foreign States) Amendment Bill 1985 (Cth)' (Commonwealth, Parliamentary Debates, House of Representatives, 20 March 1985, 596) Joint Standing Committee on Treaties, Report 40: Extradition – A Review of Australia's Law & Policy (August 2001) HELLENIC REPUBLIC v GEORGIOS TZATZIMAKIS AND FRANK JONES V 731 OF 2000 NORTH J 27 MARCH 2002 MELBOURNE
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