Taylor v United States of America [2012] FCA 366

Taylor v United States of America [2012] FCA 366

None of the matters raised by Mr Taylor, including his family and business ties, cooperation, bail history, and delay, in combination or alone, established 'special circumstances' justifying bail within the meaning of s 21(6)(f)(iv) Extradition Act 1988 (Cth) as interpreted by the High Court. There was at least a slight risk of flight, and the prospects of success on review were not strong based on the Magistrate’s correct application of legal principles.

Parties
Applicant: James Scott Taylor; First Respondent: United States of America; Second Respondent: Magistrate Terry Duroux
Jurisdiction
Australia
Judgment Date
05 April 2012
Procedural Posture
Interlocutory Application (bail Pending Review in Extradition Proceedings) / Hearing and Determination of Interlocutory Application for Bail Pending Review
Outcome
Application dismissed
Legal Topics
Bail in Extradition Proceedings, Special Circumstances Under Extradition Act, Eligibility for Surrender
Extradition Criminal Law Procedure Bail in Extradition Proceedings Special Circumstances Under Extradition Act Eligibility for Surrender

Case Brief

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Parties

James Scott Taylor

Applicant

United States of America

First Respondent

Magistrate Terry Duroux

Second Respondent

Procedural Posture

Interlocutory Application (bail Pending Review in Extradition Proceedings) / Hearing and Determination of Interlocutory Application for Bail Pending Review

Legal Issues

  1. 1 Whether special circumstances exist justifying bail under s 21(6)(f)(iv) Extradition Act 1988 (Cth)
  2. 2 Whether applicant is a flight risk
  3. 3 Whether applicant has strong prospects of success on review of Magistrate’s surrender decision

Ratio Decidendi

None of the matters raised by Mr Taylor, including his family and business ties, cooperation, bail history, and delay, in combination or alone, established 'special circumstances' justifying bail within the meaning of s 21(6)(f)(iv) Extradition Act 1988 (Cth) as interpreted by the High Court. There was at least a slight risk of flight, and the prospects of success on review were not strong based on the Magistrate’s correct application of legal principles.

Court Disposition

Application dismissed

Orders

  • The interlocutory application filed 5 April 2012 be dismissed.