Hempel, A.J. & Anor v Moore, K. & Anor[1987] FCA 103

Hempel, A.J. & Anor v Moore, K. & Anor[1987] FCA 103

Bail pending appeal in extradition cases may only be granted in exceptional circumstances; no such circumstances are present here, so release on bail is not warranted and the court's power to release under s.23 or 0.52 r.35 does not extend to this case.

Parties
Appellant: Arthur James Hempel; Appellant: Laurence Etheredge; Respondent: Kenneth Moore; Second Respondent: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
09 March 1987
Procedural Posture
Appeal / Application Pending Appeal
Outcome
appellants' motion for bail dismissed; Director of Public Prosecutions joined as second respondent; appeal expedited for Full Court sitting
Legal Topics
Joinder of Parties, Role of Director of Public Prosecutions, Powers Regarding Bail, Expedited Appeal, Appeal From Committal in Extradition
Extradition Criminal Law Administrative Law Joinder of Parties Role of Director of Public Prosecutions Powers Regarding Bail Expedited Appeal Appeal From Committal in Extradition

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Parties

Arthur James Hempel

Appellant

Laurence Etheredge

Appellant

Kenneth Moore

Respondent

Director of Public Prosecutions

Second Respondent

Procedural Posture

Appeal / Application Pending Appeal

Legal Issues

  1. 1 Does the court have power to grant bail pending appeal in extradition proceedings?
  2. 2 Should the Director of Public Prosecutions be joined as a party to the appeal?
  3. 3 What principles govern granting bail pending appeal in extradition cases?

Ratio Decidendi

Bail pending appeal in extradition cases may only be granted in exceptional circumstances; no such circumstances are present here, so release on bail is not warranted and the court's power to release under s.23 or 0.52 r.35 does not extend to this case.

Court Disposition

appellants' motion for bail dismissed; Director of Public Prosecutions joined as second respondent; appeal expedited for Full Court sitting

Orders

  • The Director of Public Prosecutions be joined as second respondent to the appeal.
  • The appeal be expedited to enable listing at Full Court sittings in Perth commencing 19 May 1987.