Persons aboard foreign-registered private vessels within Australian territorial waters are subject to Australian criminal jurisdiction and may be lawfully arrested under s 3W of the Crimes Act 1914 (Cth) without recourse to extradition procedures. Section 8(1)(c) of the Extradition Act 1988 (Cth) operates only where it is necessary for Australia to make an extradition request, and has no application where the person is already within Australian territory including territorial waters. On Crown appeals against sentence, the Court will only interfere in exceptional cases where the proper administration of justice plainly requires it.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.