United States v. Hoyeck

United States v. Hoyeck

The court committed Mr. Hoyeck for extradition on two counts of sexual assault because the Extradition Partner met the statutory prerequisites—identity, comparability of offences, and sufficiency of evidence under the Sheppard/Arcuri test—and the Crown withdrew the alleged bail‑breach charge; accordingly an extradition order was granted subject to statutory rights and a 30‑day surrender delay.

Citation
2006 NSSC 200
Parties
Extradition Partner: United States of America; Person Sought: Elie Hoyeck (a.k.a. Elie Hoyek)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 June 2006
Procedural Posture
Extradition / Extradition Hearing — Committal Decision
Outcome
Committed for extradition on two counts of sexual assault; extradition on alleged bail breach withdrawn by Crown.
Legal Topics
Committal, Authority to Proceed (atp), Admissibility of Evidence Under S.32, Sheppard/arcuri Sufficiency Test, Bail Conditions and Alleged Breach, Identity and Comparability of Offences
Source Language
English
Extradition Criminal Law International Law Procedural Law Committal Authority to Proceed (atp) Admissibility of Evidence Under S.32 Sheppard/arcuri Sufficiency Test +2 more

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Parties

United States of America

Extradition Partner

Elie Hoyeck (a.k.a. Elie Hoyek)

Person Sought

Procedural Posture

Extradition / Extradition Hearing — Committal Decision

Legal Issues

  1. 1 Whether the evidence establishes a prima facie case to commit the person sought for trial on the sexual assault offences
  2. 2 Whether the person sought may adduce evidence under s.32(1)(c) to challenge the extradition on the alleged bail‑breach offence
  3. 3 Whether the extradition prerequisites (identity, comparability, sufficiency of evidence) under the Extradition Act have been met

Ratio Decidendi

The court committed Mr. Hoyeck for extradition on two counts of sexual assault because the Extradition Partner met the statutory prerequisites—identity, comparability of offences, and sufficiency of evidence under the Sheppard/Arcuri test—and the Crown withdrew the alleged bail‑breach charge; accordingly an extradition order was granted subject to statutory rights and a 30‑day surrender delay.

Court Disposition

Committed for extradition on two counts of sexual assault; extradition on alleged bail breach withdrawn by Crown.

Orders

  • Extradition order granted for surrender on two counts of sexual assault (cunnilingus and sexual intercourse).
  • Surrender to the Extradition Partner is delayed 30 days.