Truong v The Queen [2004] HCA 10

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

HONG PHUC TRUONG APPELLANT

AND

THE QUEEN RESPONDENT

Truong v The Queen [2004] HCA 10

4 March 2004

M226/2002

ORDER

Appeal dismissed.

On appeal from the Supreme Court of Victoria

Representation:

O P Holdenson QC with J B McDougall for the appellant (instructed by Clarebrough Pica)

P A Coghlan QC with K E Judd for the respondent (instructed by Solicitor for Public Prosecutions (Victoria))

Interveners:

D M J Bennett QC, Solicitor‑General of the Commonwealth with M M Gordon intervening on behalf of the Attorney‑General of the Commonwealth (instructed by Australian Government Solicitor) at the hearing on 28 May 2003

D M J Bennett QC, Solicitor‑General of the Commonwealth with M M Gordon SC and L G De Ferrari intervening on behalf of the Attorney‑General of the Commonwealth (instructed by Australian Government Solicitor) at the hearing on 3 December 2003

R J Meadows QC, Solicitor‑General for the State of Western Australia with J C Pritchard intervening on behalf of the Attorney‑General for the State of Western Australia (instructed by Crown Solicitor's Office (Western Australia)) at the hearing on 3 December 2003

P M Tate SC, Solicitor‑General for the State of Victoria with K L Emerton intervening on behalf of the Attorney‑General for the State of Victoria (instructed by Victorian Government Solicitor) at the hearing on 3 December 2003

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Truong v The Queen

Extradition – Extradition to Australia from other countries – Extradition Act 1988 (Cth), Pt IV (ss 40‑44) – Speciality – Offences for which extraditable person surrendered – Request for extradition for offences including murder, kidnapping, conspiracy to commit murder and conspiracy to kidnap – Appellant surrendered to Australia in relation to conspiracy to commit murder and conspiracy to kidnap – Appellant charged and tried in Supreme Court of Victoria for murder and kidnapping – Whether offences of murder and kidnapping were offences of which the appellant could be convicted on proof of the conduct constituting the offences of conspiracy to commit murder and conspiracy to kidnap.