Stanton v. O'Toole [2000] IESC 36 (9th November, 2000)

Stanton v. O'Toole [2000] IESC 36 (9th November, 2000)

The acts described in the Scottish warrant, including the use of the word 'rape' and the particulars, correspond to the offence of rape under section 2 of the Criminal Law (Rape) Act, 1981, as amended. The documentation is valid on its face and not shown to be invalid by evidence of Scottish law. Delay in extradition was caused by the plaintiff's own actions and does not amount to exceptional circumstances under s.50(2)(bbb). No grounds exist to bar extradition.

Citation
[2000] IESC 36
Parties
Plaintiff/appellant: Cornelius Stanton; Defendant/respondent: Patrick O'Toole
Jurisdiction
Ireland
Procedural Posture
Extradition Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Correspondence of Offences, Delay in Extradition, Validity of Extradition Documents
Criminal Law Extradition Law Correspondence of Offences Delay in Extradition Validity of Extradition Documents

Case Brief

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Parties

Cornelius Stanton

Plaintiff/appellant

Patrick O'Toole

Defendant/respondent

Procedural Posture

Extradition Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the offence specified in the Scottish warrant corresponds to an indictable offence under Irish law
  2. 2 Whether delay and other circumstances make extradition unjust, oppressive or invidious under s.50(2)(bbb) of the Extradition Act, 1965, as amended
  3. 3 Whether the documentation grounding the extradition is valid

Ratio Decidendi

The acts described in the Scottish warrant, including the use of the word 'rape' and the particulars, correspond to the offence of rape under section 2 of the Criminal Law (Rape) Act, 1981, as amended. The documentation is valid on its face and not shown to be invalid by evidence of Scottish law. Delay in extradition was caused by the plaintiff's own actions and does not amount to exceptional circumstances under s.50(2)(bbb). No grounds exist to bar extradition.

Court Disposition

appeal dismissed

Orders

  • District Court Order for Delivery affirmed, including recitation that the corresponding offence is rape contrary to section 2 of the Criminal Law (Rape) Act, 1981, as amended