Hellenic Republic v Tzatzimakis [2003] FCAFC 4

Hellenic Republic v Tzatzimakis [2003] FCAFC 4

A person convicted after a trial at which he was not present, regardless of the reason for absence, is considered to be 'convicted in the person's absence' under s 10(1) of the Extradition Act 1988 (Cth), and is deemed to be accused for the purpose of supporting documentation required for surrender. In the present case, the respondent was not eligible for surrender as the Hellenic Republic did not produce the required supporting documents for an accused.

Jurisdiction
Australia
Judgment Date
31 January 2003
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed with costs
Legal Topics
['conviction in Absentia' 'interpretation of Extradition Act 1988 (cth)' 'surrender Eligibility' 'extradition Procedure' "meaning of 'convicted in the Person's Absence'"]
['extradition' 'criminal Law'] ['conviction in Absentia' 'interpretation of Extradition Act 1988 (cth)' 'surrender Eligibility' 'extradition Procedure' "meaning of 'convicted in the Person's Absence'"]

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["What is the meaning of 'convicted in the person's absence' in s 10(1) of the Extradition Act 1988 (Cth)?" "Is a person who voluntarily absents himself from trial properly described as 'convicted in the person's absence'?" 'Does the absence have to be involuntary or include voluntary absence?' 'Whether the respondent, convicted without presence or representation at his trial, is to be treated as accused or convicted for purposes of Australian extradition law' 'Whether the supporting documents produced by Hellenic Republic were sufficient']

Ratio Decidendi

A person convicted after a trial at which he was not present, regardless of the reason for absence, is considered to be 'convicted in the person's absence' under s 10(1) of the Extradition Act 1988 (Cth), and is deemed to be accused for the purpose of supporting documentation required for surrender. In the present case, the respondent was not eligible for surrender as the Hellenic Republic did not produce the required supporting documents for an accused.

Court Disposition

appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs.' 'The order of Ryan J of 18 April 2002 ordering the arrest of the first respondent be discharged.']