Timar v Republic of Hungary [1999] FCA 1559

The applicant's ill health, including medically documented unstable and dangerously high blood pressure exacerbated by stress from legal proceedings and incarceration, constitutes a special circumstance justifying bail under s 21(6)(f)(iv) of the Extradition Act 1988 (Cth).

Parties: Applicant: Laszlo Peregrin Timar; First Respondent: The Republic of Hungary; Second Respondent: The Commonwealth Director of Public Prosecutions
Jurisdiction: Australia
Judgment Date: 10 November 1999
Procedural Posture: Extradition / Application for Bail Pending Appeal/review
Outcome: Applicant released on bail pending outcome of appeal/review.
Legal Topics: Bail Pending Extradition, Special Circumstances for Bail, Extradition Procedures

Criminal Law Extradition Law Bail Pending Extradition Special Circumstances for Bail Extradition Procedures

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Parties

Laszlo Peregrin Timar

Applicant

The Republic of Hungary

First Respondent

The Commonwealth Director of Public Prosecutions

Second Respondent

Procedural Posture

Extradition / Application for Bail Pending Appeal/review

Legal Issues

1 Whether the applicant's ill health constitutes 'special circumstances' justifying release on bail under s 21(6)(f)(iv) of the Extradition Act 1988 (Cth)
2 Whether the applicant is entitled to bail pending the outcome of his application for review of extradition

Ratio Decidendi

Court Disposition

Applicant released on bail pending outcome of appeal/review.

Orders

Applicant released on bail on his own undertaking with one surety of $10,000.
Applicant to report to Doncaster Police Station each Monday between 6.00 am and 9.00 pm.