Attorney General -v- Davis [2016] IEHC 497 (12 August 2016)

Attorney General -v- Davis [2016] IEHC 497 (12 August 2016)

The acts alleged against Mr. Davis in the US indictment and supporting documentation, if committed in Ireland, would constitute offences under Irish law relating to drug trafficking, computer crime, and money laundering. The charges are not bad for duplicity as they each allege a single conspiracy offence, albeit with multiple means or objects. The rule of specialty is adequately protected by US law and treaty, and there is no evidence of a fundamental defect in the US justice system that would justify refusal of extradition.

Citation
[2016] IEHC 497
Parties
Applicant: Attorney General; Respondent: Gary Davis
Jurisdiction
Ireland
Judgment Date
12 August 2016
Procedural Posture
Extradition / High Court Judgment on Application for Extradition Order
Outcome
Order for extradition granted.
Legal Topics
Extradition, Correspondence of Offences, Conspiracy, Money Laundering, Computer Crime, Rule of Specialty, Duplicity in Charges
Criminal Law Extradition Law Extradition Correspondence of Offences Conspiracy Money Laundering Computer Crime Rule of Specialty +1 more

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Parties

Attorney General

Applicant

Gary Davis

Respondent

Procedural Posture

Extradition / High Court Judgment on Application for Extradition Order

Legal Issues

  1. 1 Whether the offences for which extradition is sought correspond to offences under Irish law
  2. 2 Whether the charges are bad for duplicity
  3. 3 Whether extradition should be refused on the basis of the rule of specialty

Ratio Decidendi

The acts alleged against Mr. Davis in the US indictment and supporting documentation, if committed in Ireland, would constitute offences under Irish law relating to drug trafficking, computer crime, and money laundering. The charges are not bad for duplicity as they each allege a single conspiracy offence, albeit with multiple means or objects. The rule of specialty is adequately protected by US law and treaty, and there is no evidence of a fundamental defect in the US justice system that would justify refusal of extradition.

Court Disposition

Order for extradition granted.

Orders

  • The respondent, Gary Davis, is to be surrendered to the United States of America to stand trial on the charges specified in the extradition request.