Rahardja v The Governor, Long Bay Hospital & Anor & Anor [2002] NSWSC 680

Rahardja v The Governor, Long Bay Hospital & Anor & Anor [2002] NSWSC 680

In exceptional and urgent circumstances, where an applicant for habeas corpus in extradition custody is terminally ill and continued detention may significantly worsen his condition, the Court has inherent power to grant bail on conditions, pending the outcome of the substantive application, even if jurisdictional arguments remain unresolved.

Jurisdiction
Australia
Judgment Date
28 June 2002
Procedural Posture
Writ of Habeas Corpus/extradition / Interlocutory Application for Bail Pending Hearing
Outcome
Bail granted subject to conditions
Legal Topics
['writ of Habeas Corpus' 'extradition Proceedings' 'bail Pending Extradition' 'autrefois Convict' 'jurisdiction of Supreme Court' 'compassionate Bail']
['extradition' 'criminal Law' 'human Rights'] ['writ of Habeas Corpus' 'extradition Proceedings' 'bail Pending Extradition' 'autrefois Convict' 'jurisdiction of Supreme Court' 'compassionate Bail']

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Procedural Posture

Writ of Habeas Corpus/extradition / Interlocutory Application for Bail Pending Hearing

Legal Issues

  1. 1 ['Whether Supreme Court has jurisdiction to issue a writ of habeas corpus during ongoing extradition proceedings' 'Whether bail can be granted pending hearing of a habeas corpus application in extradition context' "Impact of applicant's terminal illness on bail" "Whether applicant's Indonesian conviction precludes further trial for extradition offences (autrefois convict)"]

Ratio Decidendi

In exceptional and urgent circumstances, where an applicant for habeas corpus in extradition custody is terminally ill and continued detention may significantly worsen his condition, the Court has inherent power to grant bail on conditions, pending the outcome of the substantive application, even if jurisdictional arguments remain unresolved.

Court Disposition

Bail granted subject to conditions

Orders

  • ['Applicant to reside at specified address or hospital under monitoring' 'Applicant to report by telephone as directed on weekdays and possibly weekends' 'Applicant to be accompanied by daughter if leaving residence, and to notify authorities of hospital attendances' 'Prohibition on applicant approaching departure...