Dutton v O'Shane

(2003) 132 FCR 352; [2003] FCAFC 195

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Interrogate

Catchwords

1. Extradition
2. › Extradition offences
3. › Definition under s 5 Extradition Act 1988 (Cth)
4. › Maximum penalty requirement
5. › Whether offences where penalty is at large satisfy requirement of maximum penalty of not less than 12 months imprisonment
6. › Extradition Act 1988 (Cth), s 5(a)(i)
1. Extradition
2. › Eligibility for surrender
3. › Double criminality
4. › Equivalent conduct requirement under s 19(2)(c)
5. › Fraud offences in context of foreign exchange control regulations with no equivalent in Australia
6. › What constitutes 'equivalent conduct'
7. › Extradition Act 1988 (Cth), s 19(2)(c)
1. Extradition
2. › Supporting documents
3. › Requirements of s 19(3)
4. › Whether bench warrant for breach of bail satisfies s 19(3)(a)
5. › Whether warrant sufficiently described offences
6. › Whether copy warrant duly authenticated
7. › Extradition Act 1988 (Cth), s 19(3)
1. Extradition
2. › Extradition objections
3. › Political offences under s 7(a)
4. › Pure political offences distinguished from relative political offences
5. › Whether fraud offences in exchange control context constitute pure political offences
6. › Extradition Act 1988 (Cth), s 7(a)

Quick Take

Offences with penalty at large in the requesting country may satisfy the s 5(a)(i) definition of extradition offence where expert evidence establishes that substantial imprisonment exceeding 12 months is imposed for such offences, though this was a 2-1 majority holding. The double criminality test requires transposition of the conduct, not the regulatory setting.