R v Dutton [2001] NSWSC 135

New South Wales Supreme Court

CITATION : R v Dutton [2001] NSWSC 135 FILE NUMBER(S) : SC 071106/01 HEARING DATE(S) : 12 February 2001, 21 February 2001 JUDGMENT DATE : 21 February 2001

PARTIES : R v Edward Isaac Dutton JUDGMENT OF : Howie J at 1

COUNSEL : P. Neil SC (Respondent) Applicant in person SOLICITORS : Commonwealth Director of Public Prosecutions LEGISLATION CITED : Extradition Act 1988 - ss 15, 16, 19, 21, 22 Extradition (Republic of South Africa) Regulations Cabal v United Mexican States [2000] FCA 7; [2000] FCA 1892 Schoenmakers v Director of Public Prosecutions (1991) 30 FCR 70 CASES CITED : Von Arnim v Federal Republic of Germany [1999] FCA 1747 Wu v Attorney General of the Commonwealth & Ors (1997) 79 FCR 303 Bertran v Vanstone & Ors (1999) 94 FCR 404 Holt v Hogan (No. 1) (1993) 44 FCR 572 DECISION : Bail is refused.

THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

HOWIE J

WEDNESDAY 21 FEBRUARY 2001

071106/01 - BAIL APPLICATION OF EDWARD ISAAC DUTTON

JUDGMENT

1 HIS HONOUR: On 18 December 2000 a magistrate, Ms O'Shane, determined under s 19 of the Extradition Act 1988 that Edward Dutton ("the applicant") was eligible for surrender to the Republic of South Africa ("the respondent") in respect of a number of fraud offences with which the applicant had been charged in that country. As a consequence of the making of that determination, the magistrate issued a warrant committing the applicant to prison, as she was required to do by s 19(9)(a). 2 The applicant has sought a review of that determination in this court under s 21(1) of the Act and has made an application for bail. Where an application for review of such an order has been lodged, this Court has power to grant bail to the applicant under s 21(6). Section 21(6)(f) relevantly provides: "the court to which the applicant or appeal is made may: (iii) order that the person be kept in such custody as the Court directs; or (iv) if there are special circumstances justifying such a course, order the release on bail of the person on such terms and conditions as the Court thinks fit; until the review has been conducted or the appeal has been heard."