Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Reyes v United States of America [2020] FCA 665 File number: SAD 68 of 2020
Judge: WHITE J
Date of judgment: 15 May 2020
Catchwords: EXTRADITION – application under s 26(5) of the Extradition Act 1988 (Cth) for the release of the Applicant from custody – Applicant not transported out of Australia in the two months after the date of the warrant was first liable to be executed – whether there was "reasonable cause" for the Applicant not having been extradited – whether the circumstances created by the Covid-19 pandemic constituted the cause – whether there was sufficient evidence to establish link between the pandemic and the failure to convey the Applicant – application dismissed.
Legislation: Extradition Act 1988 (Cth) ss 12, 15, 16, 19, 22, 23, 26
Cases cited: Director of Public Prosecutions (Commonwealth) v Kainhofer (1995) 185 CLR 528 Fingleton v The Queen [2005] HCA 34; (2005) 227 CLR 166 O'Donoghue v Attorney-General for the Commonwealth of Australia [2013] FCA 382 Quinlivan v Portland Habour Trust [1963] VR 25 Taikato v The Queen (1996) 186 CLR 454 Vasiljkovic v The Commonwealth of Australia [2006] HCA 40; (2006) 227 CLR 614
Date of hearing: 12 May 2020
Registry: South Australia
Division: General Division
National Practice Area: Federal Crime and Related Proceedings
Category: Catchwords
Number of paragraphs: 51
Counsel for the Applicant: Mr A Culshaw
Solicitor for the Applicant: Graham & Stephens
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