Harris v Wren

• Jurisdiction: Ireland
• Judge: Finlay P.
• Judgment Date: 01 January 1984
• Neutral Citation: 1983 WJSC-HC 2682
• Judgment citation (vLex): [1983] 3 JIC 2101
• Court: High Court
• Date: 01 January 1984

(H.C.)

Harris

and

Wren

Uncertainty - Whether warrant void for uncertainty - Whether sufficient correspondence of offences - Offences against the Person Act, 1861 (c. 100), s. 62 - Criminal Law (Amendment) Act, 1935 (No. 6), s. 14 -Extradition Act, 1965 (No. 6), s. 50.

A warrant was issued in March, 1982, from the Magistrate's Court Aberdare, Wales for the arrest of the plaintiff on the following charge: "for that he (the defendant) sometime between the 1 January 1981 and 26 October 1981 at Mountain Ash in the County of Glamorgan did indecently assault Paul Armstrong born 7.3.1965 a male person under the age of 16 years (in that he tied the said Paul Armstrong to bedroom furniture removed his clothing and struck him several blows across the bare buttocks) contrary to section 15 (1) of the Sexual Offences Act, 1956." The warrant was executed by the defendant Deputy Commissioner on 1 April, 1982, pursuant to the Extradition Act, 1965. The plaintiff was arrested on 4 May, 1982, and brought the same day to Kilrush District Court whereupon the District Justice ordered him to be delivered into the custody of the South Wales Constabulary at Shannon Airport for conveyance to Aberdare. The plaintiff instituted these proceedings by special summons seeking an order under s. 50 of the Extradition Act, 1965, directing his release and alternatively for a declaration that the warrant was void for uncertainty. The plaintiff contended that in addition to the claim of uncertainty of the warrant the order directing his extradition was invalid as the alleged offence did not correspond with an offence in this jurisdiction. He submitted that, since the alleged victim was over the age of 15 years at all times material to the offence, it would have been necessary for the particulars of the offence to have...