Godfrey v Governor of HM Prison Brixton & Anor [2003] EWHC 1752 (Admin) (02 July 2003)

Godfrey v Governor of HM Prison Brixton & Anor [2003] EWHC 1752 (Admin) (02 July 2003)

The statements of the alleged victims, supported by corroborative evidence from police and mothers, provided sufficient evidence to justify committal for extradition. The district judge applied the correct legal test, and the application for habeas corpus must fail.

Citation
[2003] EWHC 1752 (Admin)
Parties
Claimant: Raymond Godfrey; First Defendant: The Government of HM Prison Brixton; Second Defendant: The Government of the Republic of South Africa
Jurisdiction
England and Wales
Judgment Date
02 July 2003
Procedural Posture
Application for Habeas Corpus Under the Extradition Act 1989 / Judgment on Application Following Committal by Magistrate
Outcome
application refused
Legal Topics
Habeas Corpus, Extradition, Sufficiency of Evidence, Indecent Assault
Criminal Law Extradition Law Habeas Corpus Extradition Sufficiency of Evidence Indecent Assault

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Parties

Raymond Godfrey

Claimant

The Government of HM Prison Brixton

First Defendant

The Government of the Republic of South Africa

Second Defendant

Procedural Posture

Application for Habeas Corpus Under the Extradition Act 1989 / Judgment on Application Following Committal by Magistrate

Legal Issues

  1. 1 Whether the evidence was sufficient to justify committal for extradition under section 9(8) of the Extradition Act 1989
  2. 2 Whether the statements of the alleged victims provided a prima facie case of indecent assault

Ratio Decidendi

The statements of the alleged victims, supported by corroborative evidence from police and mothers, provided sufficient evidence to justify committal for extradition. The district judge applied the correct legal test, and the application for habeas corpus must fail.

Court Disposition

application refused

Orders

  • Application for habeas corpus is refused.