Minister for Justice Equality and Law Reform -v- Kizelaviciús [2009] IESC 74 (11 November 2009)

Minister for Justice Equality and Law Reform -v- Kizelaviciús [2009] IESC 74 (11 November 2009)

Where a composite sentence is imposed for both corresponding and non-corresponding offences, and the sentence cannot be apportioned, surrender under the European Arrest Warrant Act 2003 must be refused.

Citation
[2009] IESC 74
Parties
Applicant/respondent: Minister for Justice, Equality and Law Reform; Respondent/appellant: Modestas Kizelavicius
Jurisdiction
Ireland
Judgment Date
11 November 2009
Procedural Posture
Extradition Appeal / Supreme Court Appeal From High Court Order of Surrender
Outcome
Appeal allowed; High Court order set aside; surrender refused
Legal Topics
Composite Sentencing, Corresponding Offences, Surrender Under European Arrest Warrant Act 2003, Apportionment of Sentence, Section 38 and Section 17 of the Act
Criminal Law Extradition Law European Arrest Warrant Composite Sentencing Corresponding Offences Surrender Under European Arrest Warrant Act 2003 Apportionment of Sentence Section 38 and Section 17 of the Act

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Parties

Minister for Justice, Equality and Law Reform

Applicant/respondent

Modestas Kizelavicius

Respondent/appellant

Procedural Posture

Extradition Appeal / Supreme Court Appeal From High Court Order of Surrender

Legal Issues

  1. 1 Whether surrender can be ordered under a European arrest warrant where the sentence is a composite sentence for both corresponding and non-corresponding offences
  2. 2 Whether the sentence can be apportioned to allow surrender for only the corresponding offences

Ratio Decidendi

Where a composite sentence is imposed for both corresponding and non-corresponding offences, and the sentence cannot be apportioned, surrender under the European Arrest Warrant Act 2003 must be refused.

Court Disposition

Appeal allowed; High Court order set aside; surrender refused

Orders

  • The appeal is allowed.
  • The order of the High Court for surrender is set aside.