Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mehl v Federal Republic of Germany [2009] FCA 36
EXTRADITION – eligibility for surrender – dual criminality – obtaining money or any financial advantage by deception – whether the conduct or the equivalent conduct of fraudulently acquiring commission payments and other pecuniary profits from mobile phone service providers in the Federal Republic of Germany would be a criminal offence with a maximum sentence of imprisonment for a period of not less than 12 months if committed in New South Wales pursuant to subs 19(2)(c) of the Extradition Act 1988 (Cth) HELD – dual criminality requirement is satisfied Criminal Code Act 1995 (Cth) s 475.2(1) Extradition Act 1988 (Cth) ss 5, 19, 21 Telecommunications Act 1997 (Cth) ss 16, 87 Crimes Act 1900 (NSW) ss 176A, 178A, 178BA, 179 Brock v United States of America (2007) 157 FCR 121 cited Davies v Flackett [1973] RTR 8 cited Harris v Attorney-General (Cth) (1994) 52 FCR 386 cited Holt v Hogan (No 2) (1993) 46 FCR 145 cited In re Holmes [2005] 1 WLR 1857 cited Kennison v Daire (1985) 38 SASR 404 cited Linhart v Elms (1988) 81 ALR 557 cited R v Baxter [1988] 1 Qd R 537 cited R v Fischetti (2003) 192 FLR 119 cited R v Steels (1867) 32 JP 309 cited Spies v The Queen (2000) 201 CLR 603 cited United States v Holt (1994) 49 FCR 501 cited Zoeller v Republic of Germany (1989) 23 FCR 282 cited
WALLY MEHL v FEDERAL REPUBLIC OF GERMANY
NSD 566 of 2008
EDMONDS J
30 JANUARY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 566 of 2008
BETWEEN: WALLY MEHL
Applicant
AND: FEDERAL REPUBLIC OF GERMANY
Respondent
JUDGE: EDMONDS J
DATE OF ORDER: 30 JANUARY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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