Title

Abuse of process in cross-border cases: Moti v The Queen

Date of this Version

1-1-2012

Document Type

Journal Article

Publication Details

Published Version.

Ireland-Piper, D. (2012). Abuse of process in cross-border cases: Moti v The Queen. Queensland University of Technology (QUT) Law and Justice Journal, 12(2), 120-127.

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© Copyright QUT, 2012. All rights reserved.



This work is licensed under a Creative Commons Attribution 3.0 License.

ISSN

1445-6230

Abstract

In a majority of six to one, the High Court in Moti v The Queen concluded that the act of state doctrine does not preclude findings as to the legality of the conduct of a foreign government, where such a finding is determinative of an abuse of process. The decision is a welcome addition to existing international jurisprudence on due process rights in prosecutions of extraterritorial conduct. In turn, it is a reminder that operating extraterritorially does not mean operating without accountability.

 

This document has been peer reviewed.