Minister for Justice Equality & Law Reform -v- Tighe [2010]IESC 61 (21 December 2010)

Minister for Justice Equality & Law Reform -v- Tighe [2010]IESC 61 (21 December 2010)

The offences of conspiracy to cheat the public revenue and cheating the public revenue do not correspond to any offence in Irish law, are not properly certified as falling within the Framework List, and the warrant fails to provide sufficient particulars as required by statute. Therefore, the requirements for surrender under the European Arrest Warrant Act 2003 are not met.

Citation
[1932] IR 28
Parties
Applicant/respondent: Minister for Justice Equality and Law Reform; Appellant: James Anthony Tighe
Jurisdiction
Ireland
Judgment Date
21 December 2010
Procedural Posture
European Arrest Warrant/extradition Appeal / Supreme Court Appeal From High Court Order for Surrender
Outcome
Appeal allowed; surrender refused
Legal Topics
European Arrest Warrant, Double Criminality, Corresponding Offence, Conspiracy, Cheating the Public Revenue, Money Laundering
Criminal Law Extradition Law European Union Law European Arrest Warrant Double Criminality Corresponding Offence Conspiracy Cheating the Public Revenue +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Minister for Justice Equality and Law Reform

Applicant/respondent

James Anthony Tighe

Appellant

Procedural Posture

European Arrest Warrant/extradition Appeal / Supreme Court Appeal From High Court Order for Surrender

Legal Issues

  1. 1 Whether the offences specified in the European Arrest Warrant correspond to offences in Irish law
  2. 2 Whether the offences fall within the European Framework List for which double criminality is not required
  3. 3 Whether the warrant provides sufficient particulars of the alleged offences as required by statute

Ratio Decidendi

The offences of conspiracy to cheat the public revenue and cheating the public revenue do not correspond to any offence in Irish law, are not properly certified as falling within the Framework List, and the warrant fails to provide sufficient particulars as required by statute. Therefore, the requirements for surrender under the European Arrest Warrant Act 2003 are not met.

Court Disposition

Appeal allowed; surrender refused

Orders

  • Refusal to order the delivery of the appellant on foot of the arrest warrant