Todhunter, J.A. v United States of America & Anor [1995] FCA 235

Todhunter, J.A. v United States of America & Anor [1995] FCA 235

Documents supporting extradition, including those describing penalties and limitation laws, were properly produced to the magistrate at the eligibility stage; the requirement that documents 'accompany' the extradition request is satisfied if they are before the magistrate at the time of determination. The material before the magistrate was insufficient for reasonable grounds in respect of counts 86–108, but sufficient with respect to counts 85 and 109. The treaty bar for statute barred offences operates only at surrender stage, not at the eligibility stage.

Parties
Appellant: Jonathan Anthony Todhunter; First Respondent: United States of America; Second Respondent: Derek Michael Price
Jurisdiction
Australia
Judgment Date
12 April 1995
Procedural Posture
Appeal / Full Court of Federal Court of Australia, Following Review of Magistrate's Eligibility Determination Under Extradition Act 1988
Outcome
Appeal dismissed; cross-appeal dismissed; costs of the United States paid by appellant.
Legal Topics
Dual Criminality, Statute Barred Offences, Extradition Treaty Interpretation, Requirement for Documents Supporting Extradition, Limitation Periods, Penalty Specification, Judicial Review of Extradition Eligibility, Production and Admissibility of Documents, Requirement for Description of Facts
Extradition International Law Dual Criminality Statute Barred Offences Extradition Treaty Interpretation Requirement for Documents Supporting Extradition Limitation Periods Penalty Specification +3 more

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Parties

Jonathan Anthony Todhunter

Appellant

United States of America

First Respondent

Derek Michael Price

Second Respondent

Procedural Posture

Appeal / Full Court of Federal Court of Australia, Following Review of Magistrate's Eligibility Determination Under Extradition Act 1988

Legal Issues

  1. 1 Interpretation and interplay between Extradition Act 1988 and Extradition (United States of America) Regulations
  2. 2 Adequacy and timing of documents supporting extradition request
  3. 3 Meaning and application of treaty requirements such as 'documents accompanying extradition request'

Ratio Decidendi

Documents supporting extradition, including those describing penalties and limitation laws, were properly produced to the magistrate at the eligibility stage; the requirement that documents 'accompany' the extradition request is satisfied if they are before the magistrate at the time of determination. The material before the magistrate was insufficient for reasonable grounds in respect of counts 86–108, but sufficient with respect to counts 85 and 109. The treaty bar for statute barred offences operates only at surrender stage, not at the eligibility stage.

Court Disposition

Appeal dismissed; cross-appeal dismissed; costs of the United States paid by appellant.

Orders

  • United States of America substituted for Attorney-General (Commonwealth) for United States of America as first respondent and cross-appellant.
  • Appeal otherwise dismissed.