McDade v The United Kingdom

[1999] FCA 1341

FEDERAL COURT OF AUSTRALIA
McDade v The United Kingdom [1999] FCA 1341

EXTRADITION – proceedings to determine eligibility for surrender – production of “supporting documents” – statement setting out “conduct constituting the offence” – whether statement may include acts and facts which go beyond those necessary to establish the offence – whether a separate statement is required in relation to each offence – whether statement must be self-sufficient or may be included in more than one document – whether statement may incorporate other documents by reference.

Extradition Act 1988 (Cth), ss 10(2), 19(2)(a), 19(3)(c)(ii)

Linhart v Elms (1988) 81 ALR 557 referred to
Wiest v Director of Public Prosecutions (1988) 23 FCR 472 followed
Todhunter v United States of America (1995) 57 FCR 70 referred to
Zoeller v Federal Republic of Germany (1989) 23 FCR 282 followed
Unkel v DPP (1990) 95 ALR 44 referred to
United States of America v Holt (1994) 49 FCR 501 referred to

STEPHEN GERARD McDADE v THE UNITED KINGDOM and
PETER MALONE

W 13 OF 1999

CARR J
24 SEPTEMBER 1999
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W 13 OF 1999

BETWEEN:

STEPHEN GERARD McDADE
Applicant

AND:

THE UNITED KINGDOM
First Respondent

PETER MALONE
Second Respondent

JUDGE:

CARR J

DATE OF ORDER:

24 SEPTEMBER 1999

WHERE MADE:

PERTH

THE COURT ORDERS THAT:

1.        The application be dismissed.

2.        The order of the second respondent, made on 5 February 1999, is confirmed.

3.        The applicant pay the first respondent’s costs of the application.

4.        The above orders shall not take effect until 1 October 1999 at 4.30 pm.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W 13 OF 1999

BETWEEN:

STEPHEN GERARD McDADE
Applicant

AND:

THE UNITED KINGDOM
First Respondent

PETER MALONE
Second Respondent

JUDGE:	CARR J
DATE:	24 SEPTEMBER 1999
PLACE:	PERTH

REASONS FOR JUDGMENT

Introduction

1. This is an application under s 21(1) of the Extradition Act 1988 (Cth) (“the Act”) for review of a decision made on 5 February 1999 by the second respondent, Mr Peter Malone, a Stipendiary Magistrate at the Court of Petty Sessions, Perth. The second respondent determined, pursuant to s 19(9) of the Act, that the applicant, Stephen Gerard McDade, was eligible for surrender to the United Kingdom in relation to eighteen offences contrary to ss 1 and 15 respectively of the Criminal Law Act 1977 (UK).  So far as s 1 of the Criminal Law Act is concerned, the charges are of stealing, dishonestly obtaining, or attempting to obtain various items of property, banking facilities and credit facilities.  The charges under s 15 of that Act allege dishonestly obtaining various items of property or cash with the intention of permanently depriving by deception. 

   Factual and Procedural Background

2. The applicant was born on 8 March 1958 in Scotland. On 15 July 1991, the applicant, his wife and two young children, arrived in Australia having…