11 Jun 2008
PLAKAS V POLICE HC AK CIV 2008-404-2412
- Citation
- openlaw-ba6a30b7_9094_4a91_85e8_94c069e7d60f.pdf
- Court
- High Court
Where the alleged conduct in the extradition request corresponds to the totality of acts or omissions that would constitute the New Zealand offence, s4 and s5 dictate that the New Zealand charge is not an offence 'other than' that for which surrender is sought so s8(2) is not engaged; extradition eligibility upheld, but a permanent stay of the New Zealand prosecution was ordered to protect BORA rights in the unusual circumstances.