Cabal v United Mexican States (No 5) [2000] FCA 525

Cabal v United Mexican States (No 5) [2000] FCA 525

The matters and circumstances arising since 23 December 1999, whether considered individually or cumulatively, do not constitute special circumstances within the meaning of s 21(6)(f)(iv) of the Extradition Act 1988 (Cth) sufficient to justify the release of the applicants on bail. Even if special circumstances were established, the discretion to grant bail would not be exercised due to an ongoing real risk of absconding, given the applicants' history and the context of the proceedings.

Parties
First Applicant: Carlos Cabal Peniche; Second Applicant: Marco Pasini Bertran; First Respondent: United Mexican States; Second Respondent: Lisa Hannan M
Jurisdiction
Australia
Judgment Date
20 April 2000
Procedural Posture
Extradition – Bail Application / Second Application for Bail Pending Review of Committal Decision
Outcome
Application for bail dismissed
Legal Topics
Bail Pending Extradition, Special Circumstances, Prison Conditions, Discretion to Grant Bail
Criminal Law Extradition Bail Pending Extradition Special Circumstances Prison Conditions Discretion to Grant Bail

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Parties

Carlos Cabal Peniche

First Applicant

Marco Pasini Bertran

Second Applicant

United Mexican States

First Respondent

Lisa Hannan M

Second Respondent

Procedural Posture

Extradition – Bail Application / Second Application for Bail Pending Review of Committal Decision

Legal Issues

  1. 1 Whether circumstances arising since 23 December 1999 constitute 'special circumstances' justifying bail under s 21(6)(f)(iv) of the Extradition Act 1988 (Cth)
  2. 2 Whether conditions of detention, transportation, visitation, health, or presence of other inmates amount to special circumstances
  3. 3 Whether, if special circumstances exist, discretion should result in grant of bail

Ratio Decidendi

The matters and circumstances arising since 23 December 1999, whether considered individually or cumulatively, do not constitute special circumstances within the meaning of s 21(6)(f)(iv) of the Extradition Act 1988 (Cth) sufficient to justify the release of the applicants on bail. Even if special circumstances were established, the discretion to grant bail would not be exercised due to an ongoing real risk of absconding, given the applicants' history and the context of the proceedings.

Court Disposition

Application for bail dismissed

Orders

  • The application by each of the applicants for bail until review of the committal decision is dismissed.
  • The costs of the application are reserved for further consideration.