Curtis v Commonwealth of Australia

The Court of Appeal has allowed two appeals by Jason Leonard Curtis against the decision of the District Court that he is eligible for extradition to Australia to face prosecution for alleged sexual offending committed when he was aged 14–15. The appeals were on questions of law under s 8(1)(c) of the Extradition Act 1999 (the Act) and under s 48(4) of the Act. The appeal under s 8(1)(c) was allowed because the Court found that it would be oppressive to extradite Mr Curtis, given the delay in the extradition proceedings and the significant changes in his circumstances that have occurred during that time. The appeal under s 48(4) was dismissed as unnecessary in light of the Court's decision under s 8(1)(c). The District Court decision that Mr Curtis is eligible for surrender, and the surrender order and warrant for detention issued by the District Court, are quashed. The Court declares under s 45(4) of the Act that Mr Curtis is not eligible for surrender. If Mr Curtis seeks costs he is to file a memorandum of no more than five pages by 18 January 2019. The Commonwealth of Australia is to file a memorandum in reply by 25 January 2019.