Riley v Commonwealth [1985] HCA 82

Riley v Commonwealth [1985] HCA 82

Continuing criminal enterprise is an extradition crime within the meaning of the Extradition (Foreign States) Act 1966 (Cth) as at least one constituent act corresponds to an offence against Australian law; further, Article II(2) of the Treaty requires only that the offence be extraditable under Australian law and a felony under US law, so extradition for this offence is permitted notwithstanding technical differences between the offences, and the principle of double criminality is satisfied.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
appeals dismissed
Legal Topics
['double Criminality' 'extradition Crime Definition' 'treaty Interpretation' 'continuing Criminal Enterprise']
['extradition' 'criminal Law' 'international Law'] ['double Criminality' 'extradition Crime Definition' 'treaty Interpretation' 'continuing Criminal Enterprise']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the offence of continuing criminal enterprise under United States law is an 'extradition crime' within the meaning of the Extradition (Foreign States) Act 1966 (Cth)" 'Whether a person charged with such an offence is liable to extradition to the United States under the Act and the Australia-US extradition Treaty' 'Whether principle of double criminality applies to composite offences']

Ratio Decidendi

Continuing criminal enterprise is an extradition crime within the meaning of the Extradition (Foreign States) Act 1966 (Cth) as at least one constituent act corresponds to an offence against Australian law; further, Article II(2) of the Treaty requires only that the offence be extraditable under Australian law and a felony under US law, so extradition for this offence is permitted notwithstanding technical differences between the offences, and the principle of double criminality is satisfied.

Court Disposition

appeals dismissed

Orders

  • ['Appeals dismissed with costs']