Samson, Peter Robert v McInnes, Rosanne Helen & Anor [1998] FCA 1513

The surrender warrant was invalid as there was no indorsed New Zealand warrant, in accordance with s 28 of the Extradition Act 1988 (Cth), before the magistrate when she issued it; the indorsement must physically appear on the warrant and not in a separate document, and substantial compliance is not sufficient.

Jurisdiction: Australia
Judgment Date: 27 November 1998
Procedural Posture: Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: ['endorsement of Foreign Warrants' 'extradition Act Compliance' 'surrender Procedures']

['extradition'] ['endorsement of Foreign Warrants' 'extradition Act Compliance' 'surrender Procedures']

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

1 ['Whether the warrant used to arrest the appellant was properly indorsed as required by s 28 of the Extradition Act 1988 (Cth)' 'Whether the arrest and surrender warrant were irretrievably flawed due to lack of proper indorsement']

Ratio Decidendi

Court Disposition

appeal allowed

Orders

['The appeal be allowed.' 'The surrender warrant issued by the First Respondent on 17 June 1998 be quashed.' 'Declare that the surrender warrant is invalid as there was no indorsed New Zealand warrant within the meaning of subpar 34(1)(a)(i) of the Extradition Act 1988 before the First Respondent when she purported...