Geary v Government of Canada

Geary v Government of Canada

The appellant cannot bring himself within section 82 of the Extradition Act 2003 as the significant blame for the passage of time is his alone due to deliberate absconding; the Canadian authorities were not significantly culpable for the delay, and the passage of time has not created injustice or oppression.

Parties
Claimant: Robert Geary; Defendant: Government of Canada
Jurisdiction
England and Wales
Judgment Date
31 January 2008
Procedural Posture
Appeal Under Section 103 of the Extradition Act 2003 / Judgment on Appeal Against Extradition Order
Outcome
Appeal dismissed; extradition order upheld.
Legal Topics
Extradition, Unjust or Oppressive Extradition, Passage of Time, Delay, Jurisdictional Issues
Criminal Law Extradition Law Extradition Unjust or Oppressive Extradition Passage of Time Delay Jurisdictional Issues

Case Brief

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Parties

Robert Geary

Claimant

Government of Canada

Defendant

Procedural Posture

Appeal Under Section 103 of the Extradition Act 2003 / Judgment on Appeal Against Extradition Order

Legal Issues

  1. 1 Whether extradition is barred by reason of passage of time under section 82 of the Extradition Act 2003
  2. 2 Whether it would be unjust or oppressive to extradite the appellant due to delay

Ratio Decidendi

The appellant cannot bring himself within section 82 of the Extradition Act 2003 as the significant blame for the passage of time is his alone due to deliberate absconding; the Canadian authorities were not significantly culpable for the delay, and the passage of time has not created injustice or oppression.

Court Disposition

Appeal dismissed; extradition order upheld.

Orders

  • No order for costs save for legal aid taxation.
  • For the avoidance of doubt, the relevant date for the running of time for the purposes of section 118(5) is 31st January.