Osunta v The Public Prosecutor's Office In Dusseldorf

Osunta v The Public Prosecutor's Office In Dusseldorf

The District Judge was entitled to excise UK-based conduct from the warrant, and the remaining conduct constituted an extradition offence under section 64(5) of the Extradition Act 2003. The process of excision is not limited to temporal matters but can also apply to geographical limitations to satisfy dual...

Source-derived case information.

Parties
Appellant: Edwin Osunta; Respondent: The Public Prosecutor’s Office in Dusseldorf
Jurisdiction
England and Wales
Judgment Date
03 July 2007
Procedural Posture
Extradition Appeal / Appeal Against Extradition Order
Outcome
Appeal dismissed
Legal Topics
Extradition Offences, European Arrest Warrant, Dual Criminality, Excision of Conduct, Jurisdiction
Criminal Law Extradition Law Extradition Offences European Arrest Warrant Dual Criminality Excision of Conduct Jurisdiction

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Parties

Edwin Osunta

Appellant

The Public Prosecutor’s Office in Dusseldorf

Respondent

Procedural Posture

Extradition Appeal / Appeal Against Extradition Order

Legal Issues

  1. 1 Whether the District Judge was entitled to excise UK-based conduct from the European Arrest Warrant to satisfy section 64(5) of the Extradition Act 2003
  2. 2 Whether the remaining conduct constituted an extradition offence under UK law

Ratio Decidendi

The District Judge was entitled to excise UK-based conduct from the warrant, and the remaining conduct constituted an extradition offence under section 64(5) of the Extradition Act 2003. The process of excision is not limited to temporal matters but can also apply to geographical limitations to satisfy dual criminality or territoriality requirements.

Court Disposition

Appeal dismissed

Orders

  • The appeal in relation to the first offence is dismissed as abandoned.
  • The appeal in relation to the second offence is dismissed; the extradition order stands in respect of the non-UK conduct as excised by the District Judge.