R v Rivera [2003] NSWSC 6

R v Rivera [2003] NSWSC 6

None of the matters relied upon as special circumstances—including prison conditions, preparation for review application, need to contact family for funds, alleged hardship, and time already spent in custody—was sufficiently special to justify departure from the ordinary rule against bail in extradition cases, especially given the risk of absconding present in this case.

Jurisdiction
Australia
Judgment Date
29 January 2003
Procedural Posture
Bail Application in Extradition Proceedings / Decision on Bail Application Pending Review of Surrender Order
Outcome
bail refused
Legal Topics
['bail' 'extradition']
['criminal Law'] ['bail' 'extradition']

Case Brief

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Procedural Posture

Bail Application in Extradition Proceedings / Decision on Bail Application Pending Review of Surrender Order

Legal Issues

  1. 1 ['whether special circumstances exist justifying release on bail under s21(6) of the Extradition Act 1988 (Cth) during extradition proceedings']

Ratio Decidendi

None of the matters relied upon as special circumstances—including prison conditions, preparation for review application, need to contact family for funds, alleged hardship, and time already spent in custody—was sufficiently special to justify departure from the ordinary rule against bail in extradition cases, especially given the risk of absconding present in this case.

Court Disposition

bail refused

Orders

  • ['application for bail is refused']