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Extraterritorial offending, extradition, and Australia’s case against Hew Griffiths

journal contribution
posted on 2022-01-01, 00:00 authored by Sally KennedySally Kennedy, Ian WarrenIan Warren
This paper outlines a range of factors associated with extradition and transnational online intellectual property offending by examining the Australian case of Hew Griffiths. In documenting key legal issues from available domestic and international verdicts examining this case, we show how broad legislative drafting in Australia works alongside the decision to initiate conspiracy charges to favour extradition. We also examine how Australian legal requirements that remove the presumption of bail for transnational fugitives limit the prospect of mounting a fair defence against extradition and during a foreign trial, and the limited direct impact of determinations by the United Nations Human Rights Committee on these national processes. We critically discuss the implications of these rulings in the Griffiths case in light of the evolving role of extradition law in a digital age and their implications on theories of criminal jurisdiction founded on the principle of extraterritoriality.

History

Journal

International Journal of Comparative and Applied Criminal Justice

Pagination

1-17

Location

London, Eng.

ISSN

0192-4036

eISSN

2157-6475

Language

English

Publication classification

C1 Refereed article in a scholarly journal

Publisher

Taylor & Francis