Visser v Commissioner of Australian Federal Police (No 3) [2012] NSWSC 1387

Supreme Court New South Wales

Medium Neutral Citation: Visser v Commissioner of Australian Federal Police (No 3) [2012] NSWSC 1387 Hearing dates: 16 November 2012 Decision date: 16 November 2012 Jurisdiction: Common Law Before: Button J Decision: (1) The order made on 20 August 2012 by Magistrate Farnan is confirmed, except as to dates and times. (2) The applicant, John Visser, is to be remanded in the custody of NSW Department of Corrective Services until 9am on Tuesday 20 November 2012, at which time he is to be surrendered to the custody of the Australian Federal Police, to then appear at the Melbourne Magistrates Court no later than 10am on Wednesday 21 November 2012. Catchwords: PROCEDURE - interstate extradition - Service and Execution of Process Act 1992 (Cth) - review of order made by Magistrate - abuse of process in requesting State not relevant - warrant valid - order confirmed Legislation Cited: Criminal Code Act 1995 (Cth) Service and Execution of Process Act 1992 (Cth) Supreme Court Act 1970 Cases Cited: Berichon v Chief Commissioner, Victoria Police [2007] VSC 143; (2007) 171 A Crim R 496 Butler v Commissioner of Police (unreported, NSW Supreme Court, Hidden J, 24 November 1997) Loveridge v Commissioner of Police for South Australia [2004] SASC 195; (2004) 89 SASR 72 Gummer v Commissioner of Police [1995] 1 Qd R 346; (1994) 71 A Crim R 140 R v Lavelle (1995) 82 A Crim R 187 Rodgers v Chief Commissioner of Victoria Police [2012] VSC 305 Category: Principal judgment Parties: John Visser (applicant) Commissioner of Australian Federal Police (first respondent) Magistrate Broughton (second respondent) Magistrate Farnan (third respondent) Representation: Counsel: In person (applicant) I Abdul-Karim (first respondent) Solicitors: Commonwealth Director of Public Prosecutions (first respondent) File Number(s): 2012/251251