Minister for Justice Equality and Law Reform -v- Stankiewicz [2009] IESC 79 (01 December 2009)

Minister for Justice Equality and Law Reform -v- Stankiewicz [2009] IESC 79 (01 December 2009)

The appellant, having left Poland after committing a further offence that could trigger activation of his suspended sentence, failed to ensure proper notification and must be deemed to have 'fled' within the meaning of the Act. The High Court was entitled to order surrender, and the appeal is dismissed.

Citation
[2009] IESC 79
Parties
Applicant/respondent: Minister for Justice, Equality and Law Reform; Respondent/appellant: Jaroslav Stankiewicz
Jurisdiction
Ireland
Judgment Date
01 December 2009
Procedural Posture
Appeal (extradition) / Supreme Court Judgment on Appeal From High Court Order for Surrender Under European Arrest Warrant
Outcome
Appeal dismissed; High Court order for surrender affirmed.
Legal Topics
European Arrest Warrant, Extradition Procedure, Interpretation of 'fled' Under S.10 European Arrest Warrant Act 2003, Suspended Sentences, Trial in Absentia
Criminal Law Extradition Law European Law European Arrest Warrant Extradition Procedure Interpretation of 'fled' Under S.10 European Arrest Warrant Act 2003 Suspended Sentences Trial in Absentia

Case Brief

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Parties

Minister for Justice, Equality and Law Reform

Applicant/respondent

Jaroslav Stankiewicz

Respondent/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant 'fled' Poland within the meaning of section 10 of the European Arrest Warrant Act 2003 as amended
  2. 2 Whether the subsequent conviction and lifting of suspended sentence affects the surrender under the European Arrest Warrant
  3. 3 Whether trial in absentia and alleged lack of notification preclude surrender

Ratio Decidendi

The appellant, having left Poland after committing a further offence that could trigger activation of his suspended sentence, failed to ensure proper notification and must be deemed to have 'fled' within the meaning of the Act. The High Court was entitled to order surrender, and the appeal is dismissed.

Court Disposition

Appeal dismissed; High Court order for surrender affirmed.

Orders

  • Appellant to be surrendered to the Republic of Poland under the European Arrest Warrant.