Where an extradited person is tried on a charge different from the extradition offence, the principle of speciality under s 42(a)(i) of the Extradition Act 1988 (Cth) is not breached if the acts or omissions constituting the extradition offence are such that, on proof of those acts or omissions, the person could be convicted of the offence actually charged. An inadvertent breach of the speciality principle by prosecuting authorities, without deliberate disregard or knowing circumvention of extradition arrangements, does not warrant a stay of proceedings as an abuse of process.
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