O'Donoghue v Ireland [2009] FCA 394
The matters highlighted by the applicant (financial and family hardship, ill-health, compliance with bail) are not 'special circumstances' as required by the Act and the Cabal decision; they are generally applicable to persons facing extradition.
- Parties
- Applicant: Vincent Thomas O'Donoghue; First Respondent: Ireland; Second Respondent: Graeme Neil Calder
- Jurisdiction
- Australia
- Judgment Date
- 06 April 2009
- Procedural Posture
- Extradition Application for Bail Pending Review / Interlocutory Application for Bail Pending Review of Magistrate's Committal
- Outcome
- Application for bail dismissed
- Legal Topics
- Application for Bail, Special Circumstances in Extradition, Review of Committal Order
Case Brief
Summary, issues, holding and outcome
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Parties
Vincent Thomas O'Donoghue
Applicant
Ireland
First Respondent
Graeme Neil Calder
Second Respondent
Procedural Posture
Extradition Application for Bail Pending Review / Interlocutory Application for Bail Pending Review of Magistrate's Committal
Legal Issues
- 1 Whether 'special circumstances' exist justifying bail pending review under s 21(6)(f)(iv) of the Extradition Act 1988 (Cth)
Ratio Decidendi
The matters highlighted by the applicant (financial and family hardship, ill-health, compliance with bail) are not 'special circumstances' as required by the Act and the Cabal decision; they are generally applicable to persons facing extradition.
Court Disposition
Application for bail dismissed
Orders
- The interlocutory application for bail is dismissed.
- The directions hearing of the application dated 3 April 2009 is adjourned to Tuesday 14 April 2009 at 9.30am.
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