Tervonen v Finland (No. 2) [2009] FCAFC 4

Tervonen v Finland (No. 2) [2009] FCAFC 4

Court held that the trial judge was correct in being bound by Kainhofer; the material before the magistrate and trial judge was sufficient to satisfy the statutory test regarding dual criminality under s 19(2)(c). Leave to further amend appeal was denied, and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
30 January 2009
Procedural Posture
Appeal / Judgment on Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
['dual Criminality' 'extraditable Person' 'leave to Amend Appeal' 'sufficiency of Material' 'statutory Requirements Under Extradition Act']
['extradition' 'criminal Law'] ['dual Criminality' 'extraditable Person' 'leave to Amend Appeal' 'sufficiency of Material' 'statutory Requirements Under Extradition Act']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment on Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether appellant is an extraditable person under section 19 of Extradition Act 1988 (Cth)' 'Whether dual criminality requirement was satisfied' 'Whether leave to further amend appeal should be granted' 'Whether material before magistrate and trial judge sufficient to satisfy statutory test']

Ratio Decidendi

Court held that the trial judge was correct in being bound by Kainhofer; the material before the magistrate and trial judge was sufficient to satisfy the statutory test regarding dual criminality under s 19(2)(c). Leave to further amend appeal was denied, and the appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The appellant is to pay the first respondent's costs of the appeal."]