A.G. v. Doyle [2004] IEHC 339 (21 October 2004)

A.G. v. Doyle [2004] IEHC 339 (21 October 2004)

The period of delay between the issue of warrants and arrest was not exceptional or excessive, and any delay was contributed to by the respondent's own conduct. There were no other exceptional circumstances to justify refusing extradition under section 50. The statutory requirements for extradition under section 47 were satisfied.

Citation
[2004] IEHC 339
Parties
Applicant: The Attorney General; Respondent/plaintiff: Peter Doyle; Defendant: Michael Murphy
Jurisdiction
Ireland
Judgment Date
21 October 2004
Procedural Posture
Extradition Application and Related Special Summons / Judgment After Hearing on Application for Extradition and Relief Under Section 50
Outcome
Extradition order granted; relief under section 50 refused.
Legal Topics
Extradition to Northern Ireland, Unlawfully at Large, Delay in Execution of Warrants, Exceptional Circumstances Under Section 50 Extradition Act 1965
Criminal Law Extradition Law Extradition to Northern Ireland Unlawfully at Large Delay in Execution of Warrants Exceptional Circumstances Under Section 50 Extradition Act 1965

Case Brief

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Parties

The Attorney General

Applicant

Peter Doyle

Respondent/plaintiff

Michael Murphy

Defendant

Procedural Posture

Extradition Application and Related Special Summons / Judgment After Hearing on Application for Extradition and Relief Under Section 50

Legal Issues

  1. 1 Whether the respondent should be extradited to Northern Ireland under section 47 of the Extradition Act 1965 as amended
  2. 2 Whether relief should be granted under section 50 of the Extradition Act 1965 on grounds that extradition would be unjust, invidious or oppressive

Ratio Decidendi

The period of delay between the issue of warrants and arrest was not exceptional or excessive, and any delay was contributed to by the respondent's own conduct. There were no other exceptional circumstances to justify refusing extradition under section 50. The statutory requirements for extradition under section 47 were satisfied.

Court Disposition

Extradition order granted; relief under section 50 refused.

Orders

  • Order made under section 47 of the Extradition Act 1965 as amended for rendition to Northern Ireland.
  • Relief under section 50 of the Extradition Act 1965 as amended refused.