McDade v United Kingdom [1999] FCA 1579

McDade v United Kingdom [1999] FCA 1579

The applicant did not establish the jurisdictional pre-condition of "special circumstances" for bail. The earlier high risk pregnancy circumstance no longer existed, the evidence of the wife's current post-natal depression did not have the same high compellability, potential family hardship was an ordinary consequence of incarceration, available family assistance was not adequately explained, and Carr J's dismissal of the review application increased the possibility of absconding.

Jurisdiction
Australia
Judgment Date
02 October 1999
Procedural Posture
Extradition Application for Bail Under S 21(6)(f)(iv) of the Extradition Act (1988) (cth) / Notice of Motion for Bail After Dismissal of Application for Review by Carr J and Pending Appeal
Outcome
Application for bail refused.
Legal Topics
['special Circumstances' 'risk of Absconding' 'post Natal Depression and Family Hardship']
['extradition' 'bail'] ['special Circumstances' 'risk of Absconding' 'post Natal Depression and Family Hardship']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Extradition Application for Bail Under S 21(6)(f)(iv) of the Extradition Act (1988) (cth) / Notice of Motion for Bail After Dismissal of Application for Review by Carr J and Pending Appeal

Legal Issues

  1. 1 ['Whether the applicant established "special circumstances" under s 21(6)(f)(iv) of the Extradition Act (1988) (Cth) to justify release on bail.' "Whether the medical and family circumstances following the birth of the applicant's child were sufficient to satisfy the high onus for bail." 'Whether the dismissal of the application for review increased the risk that the applicant might abscond.']

Ratio Decidendi

The applicant did not establish the jurisdictional pre-condition of "special circumstances" for bail. The earlier high risk pregnancy circumstance no longer existed, the evidence of the wife's current post-natal depression did not have the same high compellability, potential family hardship was an ordinary consequence of incarceration, available family assistance was not adequately explained, and Carr J's dismissal of the review application increased the possibility of absconding.

Court Disposition

Application for bail refused.

Orders

  • ["The applicant's notice of motion dated 1 October 1999 be refused." 'The District Registrar be requested to list the appeal from the decision of Carr J as a matter of urgency.' "The applicant pay the first respondent's costs to be taxed."]