McDade v United Kingdom [1999] FCA 1868

McDade v United Kingdom [1999] FCA 1868

The supporting Statement meets the requirements of s 19(3)(c)(ii) of the Extradition Act 1988 (Cth) despite inclusion of extraneous facts, lack of segregation for each offence, and incorporation of other documents, as it clearly and coherently sets out the conduct constituting the offences, enabling the magistrate to discharge statutory tasks under the Act.

Parties
Appellant: Stephen Gerard McDade; First Respondent: The United Kingdom; Second Respondent: Peter Malone
Jurisdiction
Australia
Judgment Date
23 December 1999
Procedural Posture
Appeal / Judgment on Appeal From Single Judge of the Federal Court
Outcome
Appeal dismissed
Legal Topics
Extradition Act 1988 (cth) S 19(3)(c)(ii), Eligible for Surrender, Supporting Documents, Double Criminality, Speciality Assurance, Requirements for Statement of Conduct
Extradition Extradition Act 1988 (cth) S 19(3)(c)(ii) Eligible for Surrender Supporting Documents Double Criminality Speciality Assurance Requirements for Statement of Conduct

Case Brief

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Parties

Stephen Gerard McDade

Appellant

The United Kingdom

First Respondent

Peter Malone

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Single Judge of the Federal Court

Legal Issues

  1. 1 Whether the supporting statement satisfies s 19(3)(c)(ii) of the Extradition Act 1988 (Cth)
  2. 2 Whether inclusion of extraneous facts invalidates the statement
  3. 3 Whether failure to segregate acts and omissions for each offence invalidates compliance

Ratio Decidendi

The supporting Statement meets the requirements of s 19(3)(c)(ii) of the Extradition Act 1988 (Cth) despite inclusion of extraneous facts, lack of segregation for each offence, and incorporation of other documents, as it clearly and coherently sets out the conduct constituting the offences, enabling the magistrate to discharge statutory tasks under the Act.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs of the appeal, including reserved costs.