Egan -v- O'Toole [2007] IESC 52 (15 November 2007)
There was no prosecutorial or complainant delay sufficient to render extradition unjust, oppressive or invidious, and the offence specified in the warrant corresponds to the common law offence of conspiracy to defraud in Irish law, satisfying the requirements of the Extradition Act 1965.
- Citation
- [2007] IESC 52
- Parties
- Plaintiff/appellant: Shane Egan; Defendant/respondent: Patrick O'Toole
- Jurisdiction
- Ireland
- Judgment Date
- 15 November 2007
- Procedural Posture
- Extradition Appeal / Supreme Court Judgment on Appeal From High Court
- Outcome
- appeal dismissed
- Legal Topics
- Extradition, Conspiracy to Defraud, Correspondence of Offences, Delay in Extradition Proceedings
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Shane Egan
Plaintiff/appellant
Patrick O'Toole
Defendant/respondent
Procedural Posture
Extradition Appeal / Supreme Court Judgment on Appeal From High Court
Legal Issues
- 1 Whether the lapse of time and exceptional circumstances made extradition unjust, oppressive or invidious under section 50(2)(bbb) of the Extradition Act 1965
- 2 Whether the offence specified in the warrant corresponds with an offence under Irish law as required by section 50(2)(c) of the Extradition Act 1965
Ratio Decidendi
There was no prosecutorial or complainant delay sufficient to render extradition unjust, oppressive or invidious, and the offence specified in the warrant corresponds to the common law offence of conspiracy to defraud in Irish law, satisfying the requirements of the Extradition Act 1965.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed; High Court order affirmed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment