High Court of Ireland Decisions

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Cite as: [2013] IEHC 455

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Judgment Title: Minister for Justice and Equality -v- Busby

Neutral Citation: [2013] IEHC 455

High Court Record Number: 2012 211 EXT

Date of Delivery: 30/07/2013

Court: High Court

Composition of Court:

Judgment by: Edwards J.

Status of Judgment: Approved

Minister for Justice and Equality v. Busby
(Unreported, High Court, Edwards J., 30^h July, 2013)

Extradition – European arrest warrant – Refusal to surrender – Respondent charged with “threats” contrary to Scots Law; “hoaxes involving noxious substances or things” and “bomb hoaxes” contrary to U.K. law –European Arrest Warrant Act 2003 (No. 45 of 2003) – Evidence silent concerning on where the communications were initiated – Respondent tried in this jurisdiction in respect of similar offences in 1997 and 2010– No abuse of process–Central Authority acts in a facilitative role and is not a party to proceedings –Central Authority not in the same position as the Director of Public Prosecutions– Legally permissible for counsel for the applicant to operate in two entirely different contexts: adversarial criminal proceedings & sui generis civil rendition proceedings–Question of territoriality – Hybrid type offences that are both conduct and result type offences–Offences prosecutable in both jurisdictions– s. 44 Commission of offence outside issuing state– s. 44 objection rejected.

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