McDade v United Kingdom [1999] FCA 1341

McDade v United Kingdom [1999] FCA 1341

The Statement was a duly authenticated statement in writing setting out the conduct constituting the offences alleged to have been committed. Section 19(3)(c)(ii) did not require the Statement to be confined to facts strictly necessary to establish the foreign offences, did not require a separate self-contained statement for each charge, and did not prohibit incorporation of clearly identified documents by reference. On a practical assessment, the acts or omissions relevant to the 18 surrender offences could be identified sufficiently for double criminality and speciality purposes, and the alleged specific defects did not invalidate the Statement.

Jurisdiction
Australia
Judgment Date
24 September 1999
Procedural Posture
Application Under S 21(1) of the Extradition Act 1988 (cth) for Review of a Magistrate's Determination of Eligibility for Surrender / Review of Decision Made on 5 February 1999 Under S 19(9) of the Extradition Act 1988 (cth)
Outcome
Application dismissed with costs; the second respondent's order confirmed.
Legal Topics
['eligibility for Surrender' 'supporting Documents' 'statement Setting Out Conduct Constituting the Offence' 'double Criminality' 'speciality' 'incorporation of Documents by Reference']
['extradition Law'] ['eligibility for Surrender' 'supporting Documents' 'statement Setting Out Conduct Constituting the Offence' 'double Criminality' 'speciality' 'incorporation of Documents by Reference']

Case Brief

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Procedural Posture

Application Under S 21(1) of the Extradition Act 1988 (cth) for Review of a Magistrate's Determination of Eligibility for Surrender / Review of Decision Made on 5 February 1999 Under S 19(9) of the Extradition Act 1988 (cth)

Legal Issues

  1. 1 ['Whether the summary of evidence and allegations was a valid and sufficient statement for the purposes of s 19(3)(c)(ii) of the Extradition Act 1988 (Cth).' 'Whether a statement setting out conduct constituting the offence may include facts or conduct going beyond what is necessary to establish the offences or irrelevant to those offences.' 'Whether there must be a separate statement, or segregation of charges, in relation to each offence.' 'Whether the statement must be self-sufficient or may incorporate other documents by reference.' 'Whether alleged specific defects in the statement invalidated it as a supporting document.']

Ratio Decidendi

The Statement was a duly authenticated statement in writing setting out the conduct constituting the offences alleged to have been committed. Section 19(3)(c)(ii) did not require the Statement to be confined to facts strictly necessary to establish the foreign offences, did not require a separate self-contained statement for each charge, and did not prohibit incorporation of clearly identified documents by reference. On a practical assessment, the acts or omissions relevant to the 18 surrender offences could be identified sufficiently for double criminality and speciality purposes, and the alleged specific defects did not invalidate the Statement.

Court Disposition

Application dismissed with costs; the second respondent's order confirmed.

Orders

  • ['The application be dismissed.' 'The order of the second respondent, made on 5 February 1999, is confirmed.' "The applicant pay the first respondent's costs of the application." 'The above orders shall not take effect until 1 October 1999 at 4.30 pm.']