Visser v Commissioner of Australian Federal Police (No 3) [2012] NSWSC 1387

Visser v Commissioner of Australian Federal Police (No 3) [2012] NSWSC 1387

The only issue before the court was whether the warrant underlying the extradition order was invalid; since no defect was established, the order must be confirmed in accordance with statutory requirements, regardless of alleged abuse of process in the issuing State.

Jurisdiction
Australia
Judgment Date
16 November 2012
Procedural Posture
Review of Order for Interstate Extradition / Supreme Court Rehearing Under S 86 Service and Execution of Process Act 1992 (cth)
Outcome
Order confirmed (subject to dates/times); applicant remanded for extradition
Legal Topics
['interstate Extradition' 'validity of Warrant' 'abuse of Process']
['criminal Law' 'procedure'] ['interstate Extradition' 'validity of Warrant' 'abuse of Process']

Case Brief

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Procedural Posture

Review of Order for Interstate Extradition / Supreme Court Rehearing Under S 86 Service and Execution of Process Act 1992 (cth)

Legal Issues

  1. 1 ['Whether the warrant issued by the Victorian Magistrate is invalid, thus rendering the extradition order improper' 'Whether alleged abuse of process by Victorian authorities is relevant to the confirmation of the extradition order']

Ratio Decidendi

The only issue before the court was whether the warrant underlying the extradition order was invalid; since no defect was established, the order must be confirmed in accordance with statutory requirements, regardless of alleged abuse of process in the issuing State.

Court Disposition

Order confirmed (subject to dates/times); applicant remanded for extradition

Orders

  • ['The order made on 20 August 2012 by Magistrate Farnan is confirmed, except as to dates and times.' 'The applicant, John Visser, is to be remanded in the custody of NSW Department of Corrective Services until 9am on Tuesday 20 November 2012, at which time he is to be surrendered to the custody of the Australian...