Truong v The Queen [2004] HCA 10

Truong v The Queen [2004] HCA 10

Proof of the conduct constituting the conspiracy to kidnap and conspiracy to murder encompassed acts sufficient for the substantive crimes of kidnapping and murder; therefore, trial for kidnapping and murder did not breach s 42 of the Extradition Act 1988 (Cth), and the appeal is dismissed.

Parties
Appellant: Hong Phuc Truong; Respondent: The Queen; Intervener: Attorney-General of the Commonwealth; Intervener: Attorney-General for the State of Western Australia; Intervener: Attorney-General for the State of Victoria
Jurisdiction
Australia
Judgment Date
04 March 2004
Procedural Posture
Criminal Appeal / Final Appeal to the High Court of Australia
Outcome
appeal dismissed
Legal Topics
Extradition, Speciality Principle, Jurisdiction, Conspiracy, Murder, Kidnapping, Abuse of Process
Criminal Law Constitutional Law International Law Extradition Speciality Principle Jurisdiction Conspiracy Murder +2 more

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Parties

Hong Phuc Truong

Appellant

The Queen

Respondent

Attorney-General of the Commonwealth

Intervener

Attorney-General for the State of Western Australia

Intervener

Attorney-General for the State of Victoria

Intervener

Procedural Posture

Criminal Appeal / Final Appeal to the High Court of Australia

Legal Issues

  1. 1 Whether trial for murder and kidnapping breached speciality provisions under s 42 of the Extradition Act 1988 (Cth)
  2. 2 Whether Supreme Court of Victoria had jurisdiction to try offences not included in UK order of extradition
  3. 3 Whether convictions should be quashed for breach of federal law

Ratio Decidendi

Proof of the conduct constituting the conspiracy to kidnap and conspiracy to murder encompassed acts sufficient for the substantive crimes of kidnapping and murder; therefore, trial for kidnapping and murder did not breach s 42 of the Extradition Act 1988 (Cth), and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.