R v. Bolton and Another, ex parte Beane

Abstract

Extradition — Armed forces — Deserter — Whether surrender to requesting State required when desertion occurred in third State and not as member of visiting armed forces in requested State — Desertion of United States national in Vietnam — Long-term resident in Australia — Interpretation of relevant domestic legislation — Whether to be narrowly construed

Jurisdiction — Immunity — Armed forces — Deserter — Whether military authorities immune from jurisdiction of municipal courts of foreign State when seeking return of deserter from that State — Whether requirement that desertion occurred in the foreign State and not a third State for immunity from jurisdiction — Interpretation of Australian legislation — Whether principles of international law applicable — United States military authorities — Desertion of United States national in Vietnam — Resident in Australia since desertion

Relationship of international law and municipal law — Armed forces — Jurisdiction of municipal courts over visiting foreign armed forces — Whether international law permits entry of foreign military authorities for apprehension of deserter from foreign armed forces — Whether consent to entry of foreign armed forces to territory constitutes waiver of jurisdiction of municipal courts over those armed forces — Whether requirement that desertion occurred when deserter a member of a visiting armed force and not in a third State — Whether municipal statute to be construed in light of international law — Whether international law sufficiently defined to act as aid to interpretation — The law of Australia