Cabal v United Mexican States [2000] FCA 1945

Cabal v United Mexican States [2000] FCA 1945

The order should be recalled and amended because the proposed property security supported a single surety and the parties agreed the reporting location was impractical, while conditions (h) and (i) should remain bail conditions to preserve the prompt arrest mechanism under s 49 of the Extradition Act, but the surety should be relieved from responsibility for policing those conditions because performance of them could be affected by conduct beyond the surety's practical control.

Jurisdiction
Australia
Judgment Date
22 December 2000
Procedural Posture
Bail Application Pursuant to S 21(6)(f)(iv) of the Extradition Act 1988 (cth) / Urgent Application to Vary Conditions of a Bail Order Made on 20 December 2000
Outcome
The order made on 20 December 2000 was recalled, amended and confirmed as amended, with no order as to costs.
Legal Topics
['variation of Bail Conditions' 'surety Obligations' 'reporting Condition' 'non Communication Condition' 'extradition Act Arrest for Breach of Bail Conditions']
['extradition' 'bail' 'criminal Procedure'] ['variation of Bail Conditions' 'surety Obligations' 'reporting Condition' 'non Communication Condition' 'extradition Act Arrest for Breach of Bail Conditions']

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Procedural Posture

Bail Application Pursuant to S 21(6)(f)(iv) of the Extradition Act 1988 (cth) / Urgent Application to Vary Conditions of a Bail Order Made on 20 December 2000

Legal Issues

  1. 1 ['Whether the 20 December 2000 bail order should be varied to provide for a single surety because Margaret Mary Davies was the sole registered proprietor of the charged property.' 'Whether the reporting condition should be varied from reporting to the Australian Federal Police at 383 Latrobe Street, Melbourne to reporting to the Victoria Police at South Melbourne Police Station.' 'Whether conditions requiring Mr Pasini to refrain from communication with Mr Cabal and his family and from receiving money, property or other benefit should remain bail conditions, and whether the surety should be responsible for policing them.']

Ratio Decidendi

The order should be recalled and amended because the proposed property security supported a single surety and the parties agreed the reporting location was impractical, while conditions (h) and (i) should remain bail conditions to preserve the prompt arrest mechanism under s 49 of the Extradition Act, but the surety should be relieved from responsibility for policing those conditions because performance of them could be affected by conduct beyond the surety's practical control.

Court Disposition

The order made on 20 December 2000 was recalled, amended and confirmed as amended, with no order as to costs.

Orders

  • ['The order made on 20 December 2000 is recalled.' 'Paragraph 1(a) of that order is amended by deleting the words "Michael John Hunter Davies as sureties" and substituting the words "as surety (save in respect of conditions (h) and (j))" and by deleting the word "their" and substituting the word "her".' 'Paragraph...