Traljesic v. Bosnia and Herzegovina & Anor

Lower Court Judgment

28/04/2017 Federal Court of Australia (Griffiths, Perry and Bromwich JJ)

[2017] FCAFC 70

Catchwords

Extradition – Extradition objection – Interpretation – Extradition Act 1988 (Cth) s 7(c) – Where appellant convicted of two offences in Bosnia-Herzegovina and sentenced to term of imprisonment – Where appellant escaped from prison – Where Bosnia-Herzegovina sought extradition of appellant from Australia to serve remainder of sentence – Where magistrate determined appellant eligible for surrender and issued warrant under s 19(9) – Where appellant applied to Federal Court for review under s 21(1) – Where primary judge confirmed order – Where Full Court dismissed appeal – Whether Full Court erred in failing to find extradition objection – Whether person subjected to violence by other prisoners is “punished” for purposes of s 7(c).