McDade v United Kingdom

[1999] FCA 1868

FEDERAL COURT OF AUSTRALIA

McDade v United Kingdom [1999] FCA 1868

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), s 10(2), s 19(2)(a) and (c), s 19(3)(c)(ii)

Zoeller v Federal Republic of Germany (1989) 23 FCR 282 followed
United States of America v Holt (1994) 49 FCR 501 followed
Wiest v Director of Public Prosecutions (1988) 23 FCR 472 followed
Linhart v Elms (1988) 81 ALR 557 referred
Todhunter v United States of America (1995) 57 FCR 70 referred
De Bruyn v Republic of South Africa [1999] FCA 1344 followed
Unkel v Director of Public Prosecutions (1990) 95 ALR 44 referred
Riley v Commonwealth (1985) 159 CLR 1 cited
Government of Canada v Aronson [1990] 1 AC 579 discussed

Aughterson, Extradition: Australian Law and Procedure (1995)

STEPHEN GERARD McDADE v THE UNITED KINGDOM & ANOR
W 103 of 1999

FRENCH, MARSHALL and KENNY JJ
PERTH
23 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W 103 OF 1999

BETWEEN:

STEPHEN GERARD McDADE
Appellant

AND:

THE UNITED KINGDOM
First Respondent

PETER MALONE
Second Respondent

JUDGES:

FRENCH, MARSHALL and KENNY JJ

DATE OF ORDER:

23 DECEMBER 1999

WHERE MADE:

PERTH

THE COURT ORDERS THAT:

1.   The appeal be dismissed.

2.   The appellant pay the first respondent’s costs of the appeal, including reserved costs.

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 103 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT

BETWEEN:

STEPHEN GERARD McDADE
Appellant

AND:

THE UNITED KINGDOM
First Respondent

PETER MALONE
Second Respondent

JUDGES:	FRENCH, MARSHALL and KENNY JJ
DATE:	23 DECEMBER 1999
PLACE:	PERTH

REASONS FOR JUDGMENT

FRENCH J:

1. This appeal was based upon three main issues related to the question whether the requirements of s 19(3)(c) of the Extradition Act 1988 (Cth) had been met for the provision to the magistrate of a duly authenticated statement in writing setting out the conduct constituting the offences for which extradition was sought. The three issues were: (1) whether the inclusion of reference to conduct over and above that conduct constituting the offences constituted a non-compliance with the section; (2) whether it was reasonably possible to discern from the statement the conduct, that is, the acts or omissions said to constitute each of the offences; and (3) whether the statement could validly incorporate by reference the contents of other documents.

2. The conclusions of the learned primary judge addressed the substance of the requirements of the Act in relation to a supporting statement. As…