Moloney v New Zealand [2005] FCA 245

Moloney v New Zealand [2005] FCA 245

Exceptional circumstances exist in this case, warranting the grant of bail. The applicants present minimal flight risk, have above average prospects on review, are in poor health, and have previously complied with bail. Incarceration pending review would be disproportionate given these factors.

Parties
First Applicant: Roger Moloney; Second Applicant: Raymond Garchow; First Respondent: New Zealand; Second Respondent: Magistrate Dillon
Jurisdiction
Australia
Judgment Date
18 February 2005
Procedural Posture
Application for Bail Pending Review of Extradition Decision / Interlocutory Application
Outcome
Bail granted to both applicants on specified conditions pending review of extradition decision.
Legal Topics
Bail Pending Review, Exceptional Circumstances for Bail
Extradition Criminal Procedure Bail Pending Review Exceptional Circumstances for Bail

Case Brief

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Parties

Roger Moloney

First Applicant

Raymond Garchow

Second Applicant

New Zealand

First Respondent

Magistrate Dillon

Second Respondent

Procedural Posture

Application for Bail Pending Review of Extradition Decision / Interlocutory Application

Legal Issues

  1. 1 Whether exceptional circumstances justify the grant of bail to applicants awaiting review of extradition decision

Ratio Decidendi

Exceptional circumstances exist in this case, warranting the grant of bail. The applicants present minimal flight risk, have above average prospects on review, are in poor health, and have previously complied with bail. Incarceration pending review would be disproportionate given these factors.

Court Disposition

Bail granted to both applicants on specified conditions pending review of extradition decision.

Orders

  • Applicants to be of good behaviour.
  • Applicants to reside at address notified by legal representatives of first respondent.