Burke v. Conroy [1999] IEHC 122 (5th March, 1999)

Burke v. Conroy [1999] IEHC 122 (5th March, 1999)

The Plaintiff's severe and deteriorating health conditions, which did not exist at the time of conviction, constitute exceptional circumstances under Section 50 of the Extradition Act, 1965. When considered with the delay and the Plaintiff's open residence in Ireland, extradition would be oppressive and invidious, justifying release.

Citation
[1999] IEHC 122
Parties
Applicant: Plaintiff; Respondent: Defendant
Jurisdiction
Ireland
Procedural Posture
Extradition Application / High Court Judgment on Application for Release Under Section 50 of the Extradition Act, 1965
Outcome
application granted; Plaintiff to be released
Legal Topics
Extradition, Delay, Exceptional Circumstances, Health Grounds, Oppression in Extradition
Criminal Law Extradition Law Extradition Delay Exceptional Circumstances Health Grounds Oppression in Extradition

Case Brief

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Parties

Plaintiff

Applicant

Defendant

Respondent

Procedural Posture

Extradition Application / High Court Judgment on Application for Release Under Section 50 of the Extradition Act, 1965

Legal Issues

  1. 1 Whether the offence charged in England is an offence known to Irish law
  2. 2 Whether delay and exceptional circumstances justify release under Section 50 of the Extradition Act, 1965
  3. 3 Whether the Plaintiff's health constitutes an exceptional circumstance

Ratio Decidendi

The Plaintiff's severe and deteriorating health conditions, which did not exist at the time of conviction, constitute exceptional circumstances under Section 50 of the Extradition Act, 1965. When considered with the delay and the Plaintiff's open residence in Ireland, extradition would be oppressive and invidious, justifying release.

Court Disposition

application granted; Plaintiff to be released

Orders

  • Direction under Section 50 of the Extradition Act, 1965 for the release of the Plaintiff