Sosik v Prosecutor General, Lithuania
The District Judge erroneously applied an exceptionality test rather than a proportionality assessment. Applying the correct legal test, the public interest in extradition does not outweigh the severe and disproportionate harm to the appellant's young children and family unit, especially given the delay, nature of the offence, and lack of prosecutorial urgency.
- Parties
- Appellant: Vitalij Sosik; Respondent: Prosecutor General, Lithuania
- Jurisdiction
- England and Wales
- Judgment Date
- 21 July 2014
- Procedural Posture
- Appeal Against Extradition / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Article 8 ECHR, Proportionality, Family Life, Delay in Extradition, Dangerous Driving
Case Brief
Summary, issues, holding and outcome
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Parties
Vitalij Sosik
Appellant
Prosecutor General, Lithuania
Respondent
Procedural Posture
Appeal Against Extradition / Judgment on Appeal
Legal Issues
- 1 Whether extradition would constitute a disproportionate interference with the Article 8 rights of the appellant and his family
- 2 Whether the District Judge applied the correct legal test under Article 8 ECHR
Ratio Decidendi
The District Judge erroneously applied an exceptionality test rather than a proportionality assessment. Applying the correct legal test, the public interest in extradition does not outweigh the severe and disproportionate harm to the appellant's young children and family unit, especially given the delay, nature of the offence, and lack of prosecutorial urgency.
Court Disposition
appeal allowed
Orders
- Extradition order set aside
- Appellant not to be surrendered to Lithuanian authorities
Full Case Text
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