Hellenic Republic v Tzatzimakis [2002] FCA 340

Hellenic Republic v Tzatzimakis [2002] FCA 340

A conviction in absence within s 10(1) means a conviction obtained when the accused was not present, whatever the reason for the absence. Because Mr Tzatzimakis was not present at his trial or conviction, he was deemed to be accused for the purposes of the Act. The Hellenic Republic therefore had to produce an authenticated warrant under s 19(3)(a). Its failure to do so meant the supporting document requirement was not satisfied, so the magistrate was correct to order release.

Jurisdiction
Australia
Judgment Date
27 March 2002
Procedural Posture
Application for Review Under S 21(1)(b) of the Extradition Act 1998 (cth) / Federal Court Review of a Magistrate's Order That the First Respondent Was Not Eligible for Surrender and Be Released
Outcome
Application dismissed; magistrate's release order confirmed; applicant ordered to pay the first respondent's costs subject to liberty to apply.
Legal Topics
['eligibility for Surrender' 'conviction in Absence' 'supporting Documents for Extradition' 'meaning of S 10(1) of the Extradition Act 1998 (cth)']
['extradition' 'statutory Interpretation' 'criminal Law'] ['eligibility for Surrender' 'conviction in Absence' 'supporting Documents for Extradition' 'meaning of S 10(1) of the Extradition Act 1998 (cth)']

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Procedural Posture

Application for Review Under S 21(1)(b) of the Extradition Act 1998 (cth) / Federal Court Review of a Magistrate's Order That the First Respondent Was Not Eligible for Surrender and Be Released

Legal Issues

  1. 1 ["Whether a person who was tried and convicted while not present, but who voluntarily absented himself from the hearing, was convicted in that person's absence within the meaning of s 10(1) of the Extradition Act 1998 (Cth)." 'Whether the Hellenic Republic was required to produce a duly authenticated warrant for the arrest of Mr Tzatzimakis as a supporting document under s 19(3)(a).' 'Whether the magistrate was correct to determine that Mr Tzatzimakis was not eligible for surrender and to order his release.']

Ratio Decidendi

A conviction in absence within s 10(1) means a conviction obtained when the accused was not present, whatever the reason for the absence. Because Mr Tzatzimakis was not present at his trial or conviction, he was deemed to be accused for the purposes of the Act. The Hellenic Republic therefore had to produce an authenticated warrant under s 19(3)(a). Its failure to do so meant the supporting document requirement was not satisfied, so the magistrate was correct to order release.

Court Disposition

Application dismissed; magistrate's release order confirmed; applicant ordered to pay the first respondent's costs subject to liberty to apply.

Orders

  • ['The order of the second respondent made on 21 February 2002 that Georgios Tzatzimakis be released is confirmed.' 'The application is otherwise dismissed.' "The applicant is to pay the first respondent's costs of and incidental to the application." 'Leave to the parties to apply by 8 April 2002 to vary the orders...