Bertran v Honourable Amanda Vanstone [1999] FCA 1117

Bertran v Honourable Amanda Vanstone [1999] FCA 1117

The fact that the applicant would be entitled to bail in the requesting country and that the offences are not regarded as serious there do not, by themselves or together, constitute 'special circumstances' justifying bail under s 15(6) of the Extradition Act 1988 (Cth). The magistrate was not bound to treat these facts as special circumstances or to give them determinative weight. The primary judge and magistrate did not err in their approach or application of the law.

Jurisdiction
Australia
Judgment Date
17 August 1999
Procedural Posture
Appeal / Judgment of Full Court Following Appeal From Single Judge of the Federal Court
Outcome
Appeal dismissed with costs.
Legal Topics
['special Circumstances for Bail in Extradition Proceedings' 'discretion to Refuse Bail Under Extradition Act' 'relevance of Status in Requesting Country to Bail' 'interpretation of Extradition Act 1988 (cth) S 15(6)']
['extradition' 'criminal Law' 'bail'] ['special Circumstances for Bail in Extradition Proceedings' 'discretion to Refuse Bail Under Extradition Act' 'relevance of Status in Requesting Country to Bail' 'interpretation of Extradition Act 1988 (cth) S 15(6)']

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Procedural Posture

Appeal / Judgment of Full Court Following Appeal From Single Judge of the Federal Court

Legal Issues

  1. 1 ['Whether the fact that offences are not regarded as serious in the requesting country, and that the applicant would be entitled to bail there, constitute special circumstances justifying bail under s 15(6) of the Extradition Act 1988 (Cth)' 'Whether a magistrate has discretion to refuse bail after finding special circumstances under s 15(6)' 'Whether the Extradition Act 1988 (Cth) requires the decision-maker to take into account the bail status in the requesting country when considering bail in Australia']

Ratio Decidendi

The fact that the applicant would be entitled to bail in the requesting country and that the offences are not regarded as serious there do not, by themselves or together, constitute 'special circumstances' justifying bail under s 15(6) of the Extradition Act 1988 (Cth). The magistrate was not bound to treat these facts as special circumstances or to give them determinative weight. The primary judge and magistrate did not err in their approach or application of the law.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The applicant pay the first respondent's costs of the appeal."]