Schoenmakers v. Director of Public Prosecutions

In: International law reports, Volume 101, p. 174-192

Abstract

Extradition — Dual criminality — Test of — Australia-United States Extradition Treaty, 1976 — United States requesting extradition of appellant for conspiracy to import and 175distribute drugs in the United States — Offence of continuing criminal enterprise — Whether evidence sufficient to justify trial or committal for trial — Test of sufficient evidence — Whether terms of the Treaty to be read into the Statute — Whether Treaty part of municipal law — Elements of the offence — Whether totality of acts constituting offence against law in force in Australia — Extradition Act 1988 (Commonwealth)Jurisdiction — Territorial jurisdiction — Extradition offence — Appellant having Australian and Dutch citizenship — United States requesting extradition for conspiracy to import and distribute drugs in the United States — Acts taking place in the Netherlands — Whether question of jurisdiction applicable — Whether notional offence in Australia — The law of Australia