Ame, Ex parte - Re Battersby & Ors

The applicant, Ame, sought an order for the issue of a writ of habeas corpus ad subjiciendum directed to the respondents, Battersby and others, who were the Governor and Superintendent of the Goulburn Gaol respectively. The applicant was detained in the Goulburn Gaol under a warrant issued by the Attorney-General of New South Wales, purporting to be made under the provisions of the Fugitive Offenders Act 1881 (UK). The applicant contended that the warrant was invalid and that his detention was unlawful.

The central legal issue before Hayne J was whether the warrant for the applicant's apprehension and return to Victoria, issued under the Fugitive Offenders Act 1881 (UK), was valid. This required the court to consider the proper interpretation and application of the Act, particularly concerning the requirements for issuing such a warrant and the extent to which the applicant could challenge its validity in habeas corpus proceedings.

Hayne J found that the warrant was invalid. His Honour reasoned that the Fugitive Offenders Act 1881 (UK) required the Attorney-General to be satisfied that the person apprehended had committed an offence against the law of the requesting part of Her Majesty's dominions. In this instance, the warrant did not contain a sufficient statement to that effect, nor was there evidence before the court that the Attorney-General had been so satisfied. The Act was intended to facilitate the return of fugitive offenders, but it did not dispense with the fundamental requirement that the person be accused of a crime. Consequently, the detention was unlawful.

The court ordered that a writ of habeas corpus ad subjiciendum do issue, and that the applicant be discharged from custody.