Republic of Croatia v Snedden

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Republic of Croatia v Snedden

[2010] HCA 14

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Republic of Croatia v Snedden

[2010] HCA 14

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJREPUBLIC OF CROATIA  APPELLANTANDDANIEL SNEDDEN  RESPONDENTRepublic of Croatia v Snedden [2010] HCA 14Date of Order:  30 March 2010Date of Publication of Reasons:  19 May 2010S24/2010ORDER1.Appeal allowed with costs.2.Set aside the orders of the Full Court of the Federal Court of Australia made on 2 September 2009 and the further orders of that Court made on 4 September 2009 and, in place of those orders, order that:(a)In addition to the order made by Justice Cowdroy on 3 February 2009, it be ordered that the orders made by Deputy Chief Magistrate Cloran on 12 April 2007 are confirmed;(b)Subject to paragraph (a), the appeal be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationM A Perry QC with H Younan for the appellant (instructed by Commonwealth Director of Public Prosecutions)B W Walker SC with C D Jackson for the respondent (instructed by Schreuder Partners Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRepublic of Croatia v SneddenExtradition – Eligibility for extradition from Australia – Extradition objections – Whether objection established on basis that on surrender the respondent might be "punished, detained or restricted" in liberty "by reason of" his "political opinions" – Where respondent claimed prior service in Croatian armed forces was treated by Croatian courts as mitigating factor in sentencing – Where respondent alleged to have served with forces other than Croatian armed forces – Whether respondent's...

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Republic of Croatia v Snedden

[2010] HCA 14

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJREPUBLIC OF CROATIA  APPELLANTANDDANIEL SNEDDEN  RESPONDENTRepublic of Croatia v Snedden [2010] HCA 14Date of Order:  30 March 2010Date of Publication of Reasons:  19 May 2010S24/2010ORDER1.Appeal allowed with costs.2.Set aside the orders of the Full Court of the Federal Court of Australia made on 2 September 2009 and the further orders of that Court made on 4 September 2009 and, in place of those orders, order that:(a)In addition to the order made by Justice Cowdroy on 3 February 2009, it be ordered that the orders made by Deputy Chief Magistrate Cloran on 12 April 2007 are confirmed;(b)Subject to paragraph (a), the appeal be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationM A Perry QC with H Younan for the appellant (instructed by Commonwealth Director of Public Prosecutions)B W Walker SC with C D Jackson for the respondent (instructed by Schreuder Partners Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRepublic of Croatia v SneddenExtradition – Eligibility for extradition from Australia – Extradition objections – Whether objection established on basis that on surrender the respondent might be "punished, detained or restricted" in liberty "by reason of" his "political opinions" – Where respondent claimed prior service in Croatian armed forces was treated by Croatian courts as mitigating factor in sentencing – Where respondent alleged to have served with forces other than Croatian armed forces – Whether respondent's...