The Attorney General v Mullan [2019] IECA 114 (12 April 2019)

The Attorney General v Mullan [2019] IECA 114 (12 April 2019)

The applicant failed to establish any legal error in the High Court's decision to permit extradition or to award costs; the evidence did not meet the threshold for refusing extradition on health grounds, public interest and proportionality favored extradition, section 15 arguments lacked merit, and costs were properly awarded.

Citation
[2019] IECA 114
Parties
Respondent: The Attorney General; Applicant: Daniel Mullan
Jurisdiction
Ireland
Judgment Date
12 April 2019
Procedural Posture
Extradition Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Extradition, Public Interest, Proportionality, Health Grounds, Costs, Section 15 Extradition Act 1965
Criminal Law Extradition Law Extradition Public Interest Proportionality Health Grounds Costs Section 15 Extradition Act 1965

Case Brief

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Parties

The Attorney General

Respondent

Daniel Mullan

Applicant

Procedural Posture

Extradition Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the High Court was correct in law to permit the applicant's extradition
  2. 2 Whether the High Court was correct to require the applicant to pay costs

Ratio Decidendi

The applicant failed to establish any legal error in the High Court's decision to permit extradition or to award costs; the evidence did not meet the threshold for refusing extradition on health grounds, public interest and proportionality favored extradition, section 15 arguments lacked merit, and costs were properly awarded.

Court Disposition

appeal dismissed

Orders

  • decision of High Court upheld
  • extradition to United States to proceed