Attorney General -v- Parke [2004] IESC 100 (06 December 2004)

Attorney General -v- Parke [2004] IESC 100 (06 December 2004)

The High Court erred in treating the onus of proving the existence of regulations as exclusively on the applicant; the court has an inquisitorial duty to inquire into the existence of relevant regulations and corresponding offences. The failure of the applicant to produce regulations was not fatal; the matter should be remitted to the High Court for proper inquiry.

Citation
[2004] IESC 100
Parties
Applicant/appellant: Attorney General; Respondent: Martin Parke
Jurisdiction
Ireland
Judgment Date
06 December 2004
Procedural Posture
Extradition Appeal / Appeal From High Court to Supreme Court
Outcome
appeal allowed; High Court order set aside; matter remitted to High Court
Legal Topics
Correspondence of Offences, Onus of Proof in Extradition, Judicial Inquiry in Extradition, Supply of Controlled Drugs, Role of Regulations in Criminal Offences
Extradition Law Criminal Law Administrative Law Correspondence of Offences Onus of Proof in Extradition Judicial Inquiry in Extradition Supply of Controlled Drugs Role of Regulations in Criminal Offences

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Parties

Attorney General

Applicant/appellant

Martin Parke

Respondent

Procedural Posture

Extradition Appeal / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether the High Court erred in refusing extradition for failure to prove existence of regulations criminalising supply of controlled drugs under Irish law
  2. 2 Whether the onus to prove existence of corresponding Irish offence rests solely on the applicant or includes an inquisitorial duty on the court

Ratio Decidendi

The High Court erred in treating the onus of proving the existence of regulations as exclusively on the applicant; the court has an inquisitorial duty to inquire into the existence of relevant regulations and corresponding offences. The failure of the applicant to produce regulations was not fatal; the matter should be remitted to the High Court for proper inquiry.

Court Disposition

appeal allowed; High Court order set aside; matter remitted to High Court

Orders

  • Remit the matter to the High Court to consider all relevant Irish law and determine correspondence of offences in light of the regulations.