Godfrey v Governor of HM Prison Brixton & Anor

Godfrey v Governor of HM Prison Brixton & Anor

There was sufficient evidence in the statements of each alleged victim to warrant the district judge's decision to commit. The evidence raised a prima facie case of indecent assault, and the application for habeas corpus must fail.

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
Habeas Corpus Application (extradition) / Judgment on Application for Habeas Corpus Following Committal Under Extradition Act 1989
Outcome
application refused
Legal Topics
Habeas Corpus, Prima Facie Case, Sufficiency of Evidence, Extradition Crimes
Extradition Law Criminal Law Habeas Corpus Prima Facie Case Sufficiency of Evidence Extradition Crimes

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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

Habeas Corpus Application (extradition) / Judgment on Application for Habeas Corpus Following Committal Under Extradition Act 1989

Legal Issues

  1. 1 Whether the evidence before the magistrate was sufficient to justify committal for extradition under section 9 of the Extradition Act 1989
  2. 2 Whether the statements of the alleged victims constituted admissible and sufficient evidence of indecent assault

Ratio Decidendi

There was sufficient evidence in the statements of each alleged victim to warrant the district judge's decision to commit. The evidence raised a prima facie case of indecent assault, and the application for habeas corpus must fail.

Court Disposition

application refused

Orders

  • application for habeas corpus is refused