Min for Justice v Kasprowicz

• Jurisdiction: Ireland
• Judge: Mr Justice Michael Peart
• Judgment Date: 13 May 2010
• Neutral Citation: [2010] IEHC 207
• Court: High Court
• Date: 13 May 2010

[2010] IEHC 207

THE HIGH COURT

Record Number: No. 115 Ext./2009

Min for Justice v Kasprowicz

Between:

Minister for Justice, Equality and Law Reform

Applicant

And

Wojciech Kasprowicz

Respondent

EUROPEAN ARREST WARRANT ACT 2003 S13

ROAD TRAFFIC ACT 1961 S38

EUROPEAN ARREST WARRANT ACT 2003 S10

EUROPEAN ARREST WARRANT ACT 2003 S21A

EUROPEAN ARREST WARRANT ACT 2003 S22

EUROPEAN ARREST WARRANT ACT 2003 S23

EUROPEAN ARREST WARRANT ACT 2003 S24

EUROPEAN ARREST WARRANT ACT 2003 PART III

EUROPEAN UNION COUNCIL FRAMEWORK DECISION 13.6.2002 (EUROPEAN ARREST WARRANT ACT 2003)

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 S6

EXTRADITION

European Arrest Warrant

Correspondence - Breach of peace - Insulting police officers after having been placed in police car - Not in public place - Breach of peace not corresponding - Gas pistol - Definition of firearm moot where incorrect name on offence - Surrender ordered but limited to certain offences (2009/115Ext - Peart J - 13/5/2010) [2010] IEHC 207

Minister for Justice, Equality and Law Reform v Kasprowicz

Facts A warrant had been issued in Poland for the respondent and endorsed for execution by order of an Irish court. Warrant related to seven offences some of which convictions had been made but sentences not served. Others were in regard to why he was been sought here to be prosecuted. The warrant specified particular offences he was sought for. Issue arose over correspondence.

Held by Peart J in ordering the surrender but restricted to certain offences set out in paragraph E of the warrant. The court was satisfied that the respondent came within the ambit of section 10 of the Act.

Reporter: BD

1 Mr Justice Michael Peart delivered on the 13th day of May 2010:

2 The surrender of the respondent is sought on foot of a European arrest warrant which issued in Poland on the 24 ^th September 2007 and was endorsed for execution here by order of this Court on the 13 ^th may 2009.The respondent was duly arrested on foot of this warrant on the 19 ^th August 2009 and, as required by s. 13 of the European Arrest Warrant Act, 2003, as amended ("the Act"), was brought before this Court and from where he has been remanded from time to time pending the hearing of the present application for his surrender.

3 There is no issue raised as to the identity of the respondent, but the Court can be satisfied in that regard having regard to the affidavit evidence of Sgt. Seán Fallon who carried out the arrest that the person who he arrested and brought before the Court is the person in respect of which this warrant has been issued.

4 Surrender is sought in respect of a total of seven offences set forth in the warrant. Some of those offences are ones in respect of which the respondent has already been convicted and sentenced to terms of imprisonment which remain to be served. Others are ones in respect of which surrender is sought so that he can be prosecuted and tried in respect of same.

5 The offences for which he has been convicted already are those set forth in paragraph E of the warrant at sub-paragraphs A and B thereof.

6 In respect of those at A thereof the respondent was ordered to serve a period of one year and six months imprisonment, of which one year, five months and seven days remain to be served. No issue is raised in relation to correspondence in respect of these offences, and I am satisfied that those offences correspond to certain offences here under the Road Traffic Act 1961, as amended.

7 Minimum gravity is satisfied in relation to these offences by reason of the length of the sentence imposed.

8 In respect of the offence at B thereof, the respondent was ordered to serve a period of six months imprisonment all of which remains to be served. Again, no issue is raised in relation to correspondence in respect of this...