O'Donoghue v Ireland [2009] FCA 618

O'Donoghue v Ireland [2009] FCA 618

Read fairly and as a whole, Ireland's supporting documents alleged that the applicant owned and operated Property World, that non-genuine property transactions were proposed to Barry Redmond and Ciaran Henderson with the applicant's knowledge, that cheques were obtained and converted for the applicant's own purposes or an unrelated business purpose, and that the applicant acted with the necessary fraudulent intent. That conduct, or equivalent conduct, would constitute extradition offences in Western Australia, namely stealing under ss 371 and 378 of the Criminal Code (WA) or intent to defraud under s 409(1) of the Criminal Code (WA). The documents also constituted a duly authenticated...

Jurisdiction
Australia
Judgment Date
09 June 2009
Procedural Posture
Extradition Review Under the Extradition Act 1988 (cth) / Application for Review of a Magistrate's Decision Under S 21(1) of the Extradition Act 1988 (cth)
Outcome
Application for review dismissed; magistrate's order confirmed; applicant determined eligible for surrender to Ireland.
Legal Topics
['eligibility for Surrender' 'supporting Documents' 'dual Criminality' 'fraudulent Conversion' 'obtaining Property by False Pretences' 'stealing' 'intent to Defraud']
['extradition' 'criminal Law'] ['eligibility for Surrender' 'supporting Documents' 'dual Criminality' 'fraudulent Conversion' 'obtaining Property by False Pretences' 'stealing' 'intent to Defraud']

Case Brief

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Procedural Posture

Extradition Review Under the Extradition Act 1988 (cth) / Application for Review of a Magistrate's Decision Under S 21(1) of the Extradition Act 1988 (cth)

Legal Issues

  1. 1 ["Whether Ireland's supporting documents constituted a duly authenticated statement in writing setting out the conduct constituting the offences for the purposes of s 19(2)(a) and s 19(3)(c)(ii) of the Extradition Act 1988 (Cth)." 'Whether the conduct alleged against the applicant, or equivalent conduct, would have constituted an extradition offence in Western Australia for the purposes of s 19(2)(c) of the Extradition Act 1988 (Cth).']

Ratio Decidendi

Read fairly and as a whole, Ireland's supporting documents alleged that the applicant owned and operated Property World, that non-genuine property transactions were proposed to Barry Redmond and Ciaran Henderson with the applicant's knowledge, that cheques were obtained and converted for the applicant's own purposes or an unrelated business purpose, and that the applicant acted with the necessary fraudulent intent. That conduct, or equivalent conduct, would constitute extradition offences in Western Australia, namely stealing under ss 371 and 378 of the Criminal Code (WA) or intent to defraud under s 409(1) of the Criminal Code (WA). The documents also constituted a duly authenticated...

Court Disposition

Application for review dismissed; magistrate's order confirmed; applicant determined eligible for surrender to Ireland.

Orders

  • ['The application for review is dismissed.' "The applicant to pay the respondent's costs to be taxed, if not agreed." "The Court determines that Vincent Thomas O'Donoghue is eligible for surrender, within the meaning of subs 19(2) of the Extradition Act 1988 (Cth) in relation to the following extradition offences: 8...