FEDERAL COURT OF AUSTRALIA
Cabal v United Mexican States (No 2) [2000] FCA 295
EXTRADITION – release on bail pending review – second bail application – whether s 21(6) of the Extradition Act 1988 (Cth) precludes successive bail applications – comparison with s 15(3) of the Extradition Act 1988 (Cth) – existence of the right at common law to make successive bail applications – whether fresh circumstances required for successive bail applications.
Extradition Act 1988 (Cth): s 15(3), s 21(6)
In re Kray [1965] 1 Ch 736 cited
Eshugbayi Eleko v Officer Administering the Government of Nigeria [1928] AC 459 cited
In re Hastings (No 3) [1959] 1 Ch 368 cited
In re Hastings (No 2) [1959] 1 QB 358 cited
The State (Dowling) v Kingston (No 2) [1937] IR 699 cited
Regina v Fraser and Jacobs (1892) 8 WN (NSW) 144 cited
R v Malone (1903) St R Qd 140 cited
Director of Public Prosecutions v Kanfouche [1992] 1 VR 141 cited
Re Edwards (1988) 92 FLR 96 cited
Ratten v The Queen (1974) 131 CLR 510 cited
Re Knowles [1984] VR 751 citedCARLOS CABAL PENICHE & MARCO PASINI BERTRAN v UNITED MEXICAN STATES & ANOR (No 2)
V 728 of 1999
GOLDBERG J
MELBOURNE
15 MARCH 2000
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
No V 728 of 1999
BETWEEN:
CARLOS CABAL PENICHE
First ApplicantMARCO PASINI BERTRAN
Second ApplicantAND:
UNITED MEXICAN STATES
First RespondentLISA HANNAN M
Second Respondent
JUDGE:
GOLDBERG J
DATE:
15 MARCH 2000
PLACE:
MELBOURNE
RULING
Introduction
On 17 December 1999 Ms L A Hannan, a Magistrate in Victoria, determined pursuant to s 19(9) of the Extradition Act 1988 (Cth) (“the Act”) that the first applicant (“Mr Cabal”) and the second applicant (“Mr Pasini”) were persons eligible for surrender to the first respondent (“Mexico”) in relation to a number of extradition offences.
The Magistrate, pursuant to s 19(9) of the Act, by warrant, ordered that the applicants be committed to the Melbourne Assessment Prison or Port Phillip Prison to await, in relation to the offences the subject of her determination, surrender under a surrender warrant or release pursuant to an order under s 22(5) of the Act.
On the same day as the Magistrate issued the warrants, the applicants filed an application in the Federal Court pursuant to s 21 of the Act for a review of the Magistrate’s decision to commit the applicants to prison. In that application the applicants sought by way of interim relief orders pursuant to s 21(6)(f)(iv) of the Act that they be released on bail pending the review of the Magistrate’s decision. I heard that application for interim relief on 22 and 23 December 1999. On 4 January 2000 I published my reasons for dismissing the application by each of the applicants that they be released on bail until the review had been conducted. I also ordered that liberty be reserved to the applicants to apply further for release on bail consistently with my…
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- Case
- [2000] FCA 295
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