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Schoenmakers v. Director of Public Prosecutions
Published online by Cambridge University Press: 01 January 2021
Abstract
Extradition — Dual criminality — Test of — Australia-United States Extradition Treaty, 1976 — United States requesting extradition of appellant for conspiracy to import and distribute 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
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- © Cambridge University Press 1995