McGowan (Ruairi) v The Republic of Ireland and in the matter of the Extradition Act 2003
| Jurisdiction | Northern Ireland |
| Judge | Higgins LJ |
| Judgment Date | 29 June 2012 |
| Neutral Citation | [2012] NIQB 117 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 29 June 2012 |
1
Neutral Citation No. [2012] NIQB 117 Ref:
HIG8544
Judgment: approved by the Court for handing down Delivered:
29/06/2012
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_________
QUEEN’S BENCH DIVISION
_______
Between:
RUAIRI McGOWAN
Appellant;
-and-
THE REPUBLIC OF IRELAND
Respondent.
AND IN THE MATTER OF THE EXTRADITION ACT 2003
_______
BEFORE A DIVISIONAL COURT
Before: Morgan LJ, Sir Anthony Campbell and Higgins LJ
________
HIGGINS LJ
[1] This is an appeal under section 26(1) of the Extradition Act 2003 (“the Act”)
against a decision of the His Honour Judge Miller QC, whereby he ordered that the
appellant be extradited to the Republic of Ireland on foot of a European Arrest
Warrant (“EAW”) issued by the Republic of Ireland, the Requesting State. At the
conclusion of the hearing we dismissed the appeal and stated that we would give
our reasons later which we now do.
[2] The EAW relates to nine charges under the Republic of Ireland’s Misuse of
Drugs Act 1977. They are
“1. Possession of a Controlled Drug (Cannabis Resin)
contrary to Section[s] 3 and 27 of the Misuse of Drugs Act
1977 on 23rd April 2004;
2
2. Possession of a Controlled Drug (Cannabis Resin) for
the purpose of selling or otherwise supplying it to another
contrary to Section 15 and Section 27 of the Misuse of
Drugs Act 1977 on 23rd April 2004;
3. Possession of a Controlled Drug (Amphetamine)
contrary to Section[s] 3 and 27 of the Misuse of Drugs Act
1977 on 23rd April 2004;
4. Possession of a Controlled Drug (Amphetamine) for the
purpose of selling or otherwise supplying to another
contrary to Section 15 and Section 27 of the Misuse of
Drugs Act 1977 on 23rd April 2004;
5. Possession of a Controlled Drug (Cocaine) contrary to
Section[s] 3 and 27 of the Misuse of Drugs Act 1977 on 23rd
April 2004;
6. Possession of a Controlled Drug (Cocaine)for the
purposes of selling or otherwise supplying it contrary to
Section 15 and Section 27 of the Misuse of Drugs Act 1977
on 23rd April 2004;
7. Possession of a Controlled Drug (Amphetamine) with a
market value of € 13,000 or more for the purpose of selling
or supplying it to another contrary to Section 15A and
Section 27 of the Misuse of Drugs Act 1977;
8. Possession of a Controlled Drug (MDMA) contrary to
Section[s] 3 and 27 of the Misuse of Drugs Act 1977 on 1st
May 2003;
9. Possession of a Controlled Drug (MDMA) for the
purpose of selling or supplying it to another contrary to
Section[s] 15 and 27 of the Misuse of Drugs Act 1977 on 1st
May 2003;”
[3] The maximum sentence in respect of charges 1, 3, 5 and 8 (possession of a
controlled drug) is 7 years imprisonment and the maximum sentence in respect of
charges 2, 4, 6, 7 and 9 (possession for the purpose of selling or supplying) is life
imprisonment. Section 27 of the Misuse of Drugs Act 1977 permits a Court to impose
a life sentence in respect of a conviction for an offence contrary to Section 15 or 15A.
Section 33 of the Criminal Justice Act 2007 amended Section 27 of the Misuse of
Drugs Act 1977 so that where a sentence shorter than life imprisonment is imposed
for an offence contrary to Section 15 or 15A the Court is obliged (exceptional
circumstances apart) to specify a sentence of a minimum period of 10 years
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