Minister for Justice Equality and Law Reform -v- Dolny [2009] IESC 48 (18 June 2009)

Minister for Justice Equality and Law Reform -v- Dolny [2009] IESC 48 (18 June 2009)

The acts described in the European arrest warrant—beating a person by hitting him on the face and head with fists, causing bodily injury—would, if committed in Ireland, constitute the offence of assault causing harm under s.3 of the Non-Fatal Offences Against the Person Act, 1997. The particulars in the warrant are sufficient and correspondence is established under Irish law.

Citation
[2009] IESC 48
Parties
Applicant/respondent: The Minister for Justice, Equality & Law Reform; Respondent/appellant: Damian Dolny
Jurisdiction
Ireland
Judgment Date
18 June 2009
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order for Surrender Under European Arrest Warrant
Outcome
appeal dismissed
Legal Topics
European Arrest Warrant, Correspondence of Offences, Assault Causing Harm, Extradition Procedure
Criminal Law Extradition Law European Law European Arrest Warrant Correspondence of Offences Assault Causing Harm Extradition Procedure

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Parties

The Minister for Justice, Equality & Law Reform

Applicant/respondent

Damian Dolny

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order for Surrender Under European Arrest Warrant

Legal Issues

  1. 1 Whether the European arrest warrant contained sufficient particulars of the alleged offence
  2. 2 Whether the offence for which the appellant was convicted in Poland corresponds to an offence under Irish law

Ratio Decidendi

The acts described in the European arrest warrant—beating a person by hitting him on the face and head with fists, causing bodily injury—would, if committed in Ireland, constitute the offence of assault causing harm under s.3 of the Non-Fatal Offences Against the Person Act, 1997. The particulars in the warrant are sufficient and correspondence is established under Irish law.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • High Court order for surrender of Damian Dolny to Poland affirmed