O'Shea v Conroy

JurisdictionIreland
CourtHigh Court
JudgeMr. Justice Flood
Judgment Date01 January 1996
Neutral Citation1995 WJSC-HC 3126
Docket NumberNo. 852 Sp./1994,[1994 No. 852 Sp]
Date01 January 1996

1995 WJSC-HC 3126

THE HIGH COURT

No. 852 Sp./1994
O'SHEA v. CONROY

BETWEEN

EDWARD O'SHEA
PLAINTIFF

AND

ASSISTANT COMMISSIONER, NOEL CONROY
DEFENDANT

Citations:

EXTRADITION ACT 1965 S43

EXTRADITION ACT 1965 PART III

EXTRADITION ACT 1965 S47(1)

EXTRADITION (AMDT) ACT 1994 S12

LARCENY ACT 1916 S2

THEFT ACT 1968 S1(1) UK

THEFT ACT 1968 S8(1) UK

FURLONG, STATE V KELLY 1971 IR 132

WHITE V SHEEHAN UNREP FINLAY 26.5.77

WYATT V MCLOUGHLIN 1974 IR 378

WILSON V SHEEHAN 1979 IR 423

R V METROPOLITAN POLICE COMMISSIONER, EX-PARTE ARKINS 1966 1 WLR 1593

BACKING OF WARRANTS (REPUBLIC OF IRELAND) ACT 1965 UK

EXTRADITION ACT 1965 S50

Synopsis:

CRIMINAL LAW

Extradition

Offences - Correspondence - Warrant - Charge - Description - Sufficiency - Complaints that plaintiff stole and robbed property contrary to statute - Attribution of ordinary meaning to words - Correspondence with Irish law established - Larceny Act, 1916, s. 2 - Extradition Act, 1965, s. 50 - (1994/852 Sp - Flood J. - 26/5/95) - [1996] 1 I.R. 295 - [1995] 2 ILRM 527

|O'Shea v. Conroy|

WORDS AND PHRASES

"Correspond"

Extradition - Warrant - Offence - Description - Sufficiency - Statute - Requirement that offence specified in foreign warrant must correspond with offence under Irish law - (1994/852 Sp - Flood J. - 26/5/95) - [1996] 1 I.R. 295 - [1995] 2 ILRM 527

|O'Shea v. Conroy|

WORDS AND PHRASES

"Robbed"

Arrest - Warrant - Offence - Description - Sufficiency - Ordinary meaning applied - (1994/852 Sp - Flood J. - 26/5/95)1996 1 I.R. 295

|O'Shea v. Conroy|

1

Judgment of Mr. Justice Flooddelivered this 26th day of May 1995.

2

This is a claim brought by the Plaintiff on a special summons for an Order for his release pursuant to Section 50 of the Extradition Act, 1965on the grounds that the offence named in two warrants issued in respect of him do not correspond with any offences under the laws of this State which are indictable offences or an offence or offences for which he is punishable on summary conviction by imprisonment for a maximum period of at least six months.

3

On August 4th, 1994 a warrant (hereinafter referred to as Warrant A) was issued by the Crown Court at Newington Causeway, London, SE1 6AZ, England to arrest the Plaintiff on the following charge, namely, that Edward O'Shea also known as Edward Ned O'Shea, also known as Edward Joseph O'Shea stands indicted in the Inner London Crown Court on achargeof

"On a day between the 15th day of November, 1992 and the 15th day of December, 1992 at 228 Wightman Road, London N8, England stole a Lloyds bank cheque book belonging to Eyodele Omozefe Omole"

4

contrary to Section 1 (1) of the Theft Act, 1968.

5

The Defendant was at all times material an Assistant Commissioner of the Garda Siochana. On September 26th, 1994 he authorised the execution of the warrant in the State by any member of the Garda Siochana pursuant to Part 3 of the Extradition Act, 1965and in particular pursuant to Section 43 of the said Act. On the 26th day of October, 1994 by Order of the Dublin Metropolitan District Court it was ordered that pursuant to Section 47(1) of the said Act substituted by Section 12 of the Extradition (Amendment) Act, 1994that the Plaintiff be delivered into the custody of a member of the Metropolitan Police Force for the Inner City of London for subsequent conveyance for the Inner London Crown Court Sessions House, Newington Casway, London SE1 6AZ.

6

In that Order it was recited that it appeared to the District Judge that the offence specified in the warrant corresponded with an offence under the law of this State which is an indictable offence to wit namely Section 2 of the Larcency Act, 1916 as amended (simple larcency).

7

On August 4th, 1994 another warrant was issued by the Crown Court for Inner London at Newington Causeway, London SE1 6AZ to arrest the Plaintiff who then stood indicted before the said Inner London Crown Court on a charge of

"On the 22nd of October, 1993 at Morning Lane, London E9, England robbed (the Plaintiff) Keith William Judd of a Ford transit van, registration number H797 CKJ and its contents including carpenter's tools, a generator, an electric planer, an electric jig jaw, a transformer, a skill saw, two drills, timber and door locks"

8

contrary to Section 8 (1) of the Theft Act, 1968.

9

The Defendant who was Assistant Commissioner as aforesaid at the time authorised the execution of the said warrant in the State by any member of the Garda Siochana. And on the 26th day of October, 1994 the learned President of the District Courts sitting in Dublin in the Dublin Metropolitan District Court made an Order pursuant to Section 47(1) of the said Act substituted by Section 12 of the Extraditation (Amendment) Act, 1994for the delivery of the Plaintiff into the custody of a member of the Metropolitan Police Force for the city of London for conveyance to the Inner London...

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