Republic of Croatia v Snedden

[2010] HCA 14
Judgment date
Case number
S24/2010
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Catchwords

Extradition – 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 ineligibility for mitigating factor in sentencing was punishment - Whether such punishment was "by reason of" respondent's "political opinions".

Words and phrases – "by reason of", "political opinions", "punished".

Extradition Act 1988 (Cth) – ss 7(c), 19(2)(d).

Files
14.rtf (71.44 KB)
14.pdf (125.27 KB)