Truong v The Queen

Extradition – Extradition to Australia from other countries - Extradition Act 1988 (Cth), Pt IV (ss 40-44) - Speciality - Offences for which extraditable person surrendered - Request for extradition for offences including murder, kidnapping, conspiracy to commit murder and conspiracy to kidnap - Appellant surrendered to Australia in relation to conspiracy to commit murder and conspiracy to kidnap - Appellant charged and tried in Supreme Court of Victoria for murder and kidnapping - Whether offences of murder and kidnapping were offences of which the appellant could be convicted on proof of the conduct constituting the offences of conspiracy to commit murder and conspiracy to kidnap.

Extradition – Speciality - Speciality arrangement between Australia and the United Kingdom - Speciality arrangement under Extradition Act 1989 (UK) - Whether breach of speciality arrangement.

Constitutional law – State Supreme Court - Jurisdiction of the Supreme Court of Victoria - Extraditable person "shall not ... be ... tried in Australia" for any offence other than any offence in respect of which the person was surrendered or "any other offence ... of which the person could be convicted on proof of the conduct constituting any such offence" - Whether trial of appellant for offences of murder and kidnapping beyond the jurisdiction of the Supreme Court of Victoria - Whether prohibition of trial for offences (other than offence for which extradited and offence of which the extraditable person could be convicted on proof of the conduct constituting the extradition offence) founded special plea to the arraignment or withdrew jurisdiction from court over the trial for the offence for which the extraditable person "shall not be tried" - Whether trial of offence for which the extraditable person "shall not be tried" a miscarriage of justice.

Criminal law – Murder - Kidnapping - Conspiracy to murder - Conspiracy to kidnap.

Extradition Act 1988 (Cth) – ss 10, 42.

Crimes Act 1958 (Vic) – ss 321A, 323.

Extradition Act 1989 (UK).