Source: All England Reporter
Publisher Citation: [2002] All ER (D) 65 (Oct)
Court: Divisional Court

Latham LJ and McCombe J

Representation Clair Dobbin (instructed by Tuckers) for the applicant.
  John Jones (instructed by the Crown Prosecution Service) for the respondent.
Judgment Dates: 7 October 2002


Extradition - Discharge of fugitive - Circumstances rendering it unjust or oppressive to return fugitive - Youth of fugitive - Fugitive 17 years old when charged with attempted murder - Fugitive escaping to United Kingdom - Fugitive starting education and having family - Extradition requested six years' after commission of offences - Whether oppressive to return fugitive - s 11(3).

The Case

Balancing the seriousness of the offences with which the applicant had been charged against the applicant's young age, there was nothing in the delay in the applicant's extradition, notwithstanding that he had married and now had a child, that would make it oppressive to return him. Accordingly, the application for a writ of habeas corpus would be dismissed.

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