Cabal v United Mexican States [2000] FCA 7

Cabal v United Mexican States [2000] FCA 7

Applicants failed to establish special circumstances, either individually or cumulatively, to justify their release on bail pending review of the extradition committal decision. Although the conditions of custody and transportation raised concerns, they did not amount to special circumstances warranting bail in light of the applicants' demonstrated ability to abscond, access to funds, prior use of false identities, and the statutory presumption against bail for extradition offences.

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
04 January 2000
Procedural Posture
Extradition Application/review / Interlocutory Application for Bail Pending Review
Outcome
Interim applications for bail by both applicants dismissed; liberty reserved to reapply if conditions deteriorate; costs reserved.
Legal Topics
Special Circumstances for Bail Under Extradition Act, Bail Pending Review of Extradition, Interpretation of 'special Circumstances', Prisoner Detention and Treatment, Risk of Absconding, Conditions of Custody and Transportation
Extradition Criminal Law Administrative Law Special Circumstances for Bail Under Extradition Act Bail Pending Review of Extradition Interpretation of 'special Circumstances' Prisoner Detention and Treatment Risk of Absconding +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Carlos Cabal Peniche

First Applicant

Marco Pasini Bertran

Second Applicant

United Mexican States

First Respondent

Lisa Hannan M

Second Respondent

Procedural Posture

Extradition Application/review / Interlocutory Application for Bail Pending Review

Legal Issues

  1. 1 Whether special circumstances exist justifying bail pending review under s 21(6)(f)(iv) Extradition Act 1988 (Cth)
  2. 2 Whether cumulative or individual factors related to length of custody, conditions of detention, transportation, and risk of absconding amount to special circumstances for bail
  3. 3 Proper interpretation of 'special circumstances' in extradition bail context

Ratio Decidendi

Applicants failed to establish special circumstances, either individually or cumulatively, to justify their release on bail pending review of the extradition committal decision. Although the conditions of custody and transportation raised concerns, they did not amount to special circumstances warranting bail in light of the applicants' demonstrated ability to abscond, access to funds, prior use of false identities, and the statutory presumption against bail for extradition offences.

Court Disposition

Interim applications for bail by both applicants dismissed; liberty reserved to reapply if conditions deteriorate; costs reserved.

Orders

  • The application by each applicant for interim relief for bail is dismissed.
  • Liberty is reserved to the applicants to apply further for release on bail consistent with these reasons.