Daly v. A.G. [2004] IEHC 363 (16 November 2004)

Daly v. A.G. [2004] IEHC 363 (16 November 2004)

The lapse of time in this case was not exceptional or culpable, and there were no additional exceptional circumstances. The issue of intention to prosecute was not properly raised or pursued at the appropriate stage and is not a ground for relief under Section 50. Relief is refused.

Citation
[2004] IEHC 363
Parties
Plaintiff: John James Daly; Defendant: Attorney General
Jurisdiction
Ireland
Judgment Date
16 November 2004
Procedural Posture
Application Under S.50 of the Extradition Act, 1965 / Post Order Application for Relief Against Extradition Order
Outcome
Relief refused; extradition order stands.
Legal Topics
Extradition Proceedings, Delay in Prosecution, Intention to Prosecute, Relief Under Extradition Act
Criminal Law Extradition Law Extradition Proceedings Delay in Prosecution Intention to Prosecute Relief Under Extradition Act

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Parties

John James Daly

Plaintiff

Attorney General

Defendant

Procedural Posture

Application Under S.50 of the Extradition Act, 1965 / Post Order Application for Relief Against Extradition Order

Legal Issues

  1. 1 Whether delay in extradition proceedings renders extradition unjust, oppressive or invidious under S.50(2)(bbb) of the Extradition Act, 1965
  2. 2 Whether there was a reasonable doubt as to the prosecution authority's intention to prosecute at the time the warrant was sought

Ratio Decidendi

The lapse of time in this case was not exceptional or culpable, and there were no additional exceptional circumstances. The issue of intention to prosecute was not properly raised or pursued at the appropriate stage and is not a ground for relief under Section 50. Relief is refused.

Court Disposition

Relief refused; extradition order stands.

Orders

  • Application for relief under S.50 of the Extradition Act, 1965 refused.