Casey v. Assistant Garda Commissioner [1997] IEHC 67 (19th April, 1997)

Casey v. Assistant Garda Commissioner [1997] IEHC 67 (19th April, 1997)

The acts alleged in the warrant, if committed in Ireland, would constitute the offence of attempting to obtain money by false pretences under Irish law, as all necessary ingredients of the Irish offence are present in the facts alleged.

Citation
[1997] IEHC 67
Parties
Plaintiff: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Special Summons (extradition) / Judgment on Application for Release Under Section 50 of the Extradition Acts, 1965/1994
Outcome
Relief refused
Legal Topics
Extradition, Correspondence of Offences, False Pretences, Attempted Offences
Criminal Law Extradition Law Extradition Correspondence of Offences False Pretences Attempted Offences

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Parties

Applicant

Plaintiff

Respondent

Respondent

Procedural Posture

Special Summons (extradition) / Judgment on Application for Release Under Section 50 of the Extradition Acts, 1965/1994

Legal Issues

  1. 1 Whether the offence alleged in the extradition warrant corresponds to an offence under Irish law

Ratio Decidendi

The acts alleged in the warrant, if committed in Ireland, would constitute the offence of attempting to obtain money by false pretences under Irish law, as all necessary ingredients of the Irish offence are present in the facts alleged.

Court Disposition

Relief refused

Orders

  • Application for release under Section 50 of the Extradition Acts, 1965/1994 is refused