B. v. Conroy [2001] IESC 26; [2001] 2 ILRM 311 (1 March 2001)
The lapse of time between conviction and extradition, combined with the prosecuting authorities' inaction and the plaintiff's severe health deterioration, constituted exceptional circumstances making extradition oppressive and invidious under s. 50(2)(bbb) of the Extradition Act, 1965. The High Court was correct to order the plaintiff's release.
- Citation
- [2001] 2 ILRM 311
- Parties
- Plaintiff: Plaintiff (unnamed); Defendant: Defendant (unnamed, State)
- Jurisdiction
- Ireland
- Judgment Date
- 01 March 2001
- Procedural Posture
- Extradition Appeal / Appeal From High Court to Supreme Court
- Outcome
- appeal dismissed
- Legal Topics
- Extradition, Lapse of Time, Exceptional Circumstances, Oppression, Invidiousness, Health Grounds in Extradition
Case Brief
Summary, issues, holding and outcome
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Parties
Plaintiff (unnamed)
Plaintiff
Defendant (unnamed, State)
Defendant
Procedural Posture
Extradition Appeal / Appeal From High Court to Supreme Court
Legal Issues
- 1 Whether the lapse of time and other exceptional circumstances make it unjust, oppressive or invidious to extradite the plaintiff under s. 50(2)(bbb) of the Extradition Act, 1965
Ratio Decidendi
The lapse of time between conviction and extradition, combined with the prosecuting authorities' inaction and the plaintiff's severe health deterioration, constituted exceptional circumstances making extradition oppressive and invidious under s. 50(2)(bbb) of the Extradition Act, 1965. The High Court was correct to order the plaintiff's release.
Court Disposition
appeal dismissed
Orders
- Order of the High Court directing the release of the plaintiff affirmed.
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