B. v. Conroy [2001] IESC 26; [2001] 2 ILRM 311 (1 March 2001)

B. v. Conroy [2001] IESC 26; [2001] 2 ILRM 311 (1 March 2001)

The combination of a significant lapse of time, for which the prosecuting authorities bore some responsibility, and the plaintiff's serious health deterioration constituted exceptional circumstances making it oppressive and invidious to extradite him under s. 50(2)(bbb) of the Extradition Act, 1965.

Citation
[2001] IESC 26
Parties
Plaintiff: Plaintiff (unnamed); Defendant: Defendant (unnamed)
Jurisdiction
Ireland
Judgment Date
01 March 2001
Procedural Posture
Extradition Appeal / Appeal From High Court Judgment Ordering Release
Outcome
appeal dismissed
Legal Topics
Extradition, Lapse of Time, Exceptional Circumstances, Oppression, Invidiousness, Health Grounds in Extradition
Criminal Law Extradition Law Extradition Lapse of Time Exceptional Circumstances Oppression Invidiousness Health Grounds in Extradition

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Parties

Plaintiff (unnamed)

Plaintiff

Defendant (unnamed)

Defendant

Procedural Posture

Extradition Appeal / Appeal From High Court Judgment Ordering Release

Legal Issues

  1. 1 Whether the lapse of time and other exceptional circumstances made it unjust, oppressive or invidious to extradite the plaintiff under s. 50(2)(bbb) of the Extradition Act, 1965

Ratio Decidendi

The combination of a significant lapse of time, for which the prosecuting authorities bore some responsibility, and the plaintiff's serious health deterioration constituted exceptional circumstances making it oppressive and invidious to extradite him under s. 50(2)(bbb) of the Extradition Act, 1965.

Court Disposition

appeal dismissed

Orders

  • Order of the High Court directing the release of the plaintiff affirmed