Yulian Yulianov v Regional Prosecutor's Office, Bulgaria

JurisdictionEngland & Wales
CourtQueen's Bench Division (Administrative Court)
JudgeMrs Justice Cox DBE
Judgment Date09 October 2013
Neutral Citation[2013] EWHC 3325 (Admin)
Docket NumberCO/7715/2013

[2013] EWHC 3325 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2A 2LL

Before:

Mrs Justice Cox DBE

CO/7715/2013

Between:
Yulian Yulianov
Appellant
and
Regional Prosecutor's Office, Bulgaria
Respondent

Mr Ben Cooper (instructed by Leslie Franks) appeared on behalf of the Appellant

Mr Adam Payter (instructed by the Crown Prosecution Service) appeared on behalf of the Respondent

Mrs Justice Cox DBE
1

This is an appeal under section 26 of the 2003 Extradition Act against the decision of District Judge Zani, sitting at Westminster Magistrates' Court on 14 June 2013, to order his extradition to Bulgaria pursuant to a European Arrest Warrant dated 20 November 2012.

2

The 13 offences concerned in this conviction warrant were committed between 1998 and 2011. They are all accurately set out in Mr Smith's skeleton argument (Mr Smith appearing for the respondent) at paragraphs 3 to 15, and I need not list them here. They embrace offences of fraud and embezzlement, one offence of human trafficking and one of possession of a firearm.

3

The offences were initially considered under various different file numbers in various courts, but on 23 February 2012 all of them were considered together. It appears that this appellant had initially been given three sentences. For offences 1 to 9, a period of imprisonment of 1 year and a fine were imposed. For offences 10, 11 and 12, ultimately a term of 11 days' imprisonment was imposed in substitution for an earlier probation order. Finally, for offence 13, a period of 1 year's imprisonment was imposed. Thus, on 23 February 2012, this appellant was sentenced to "deprivation of liberty for a total period of 2 years and 11 days", a sentence imposed under decision number 36/23.02.2012, private case number 46/2012 in the Regional Court of Kardzhali.

4

The appellant served a Notice of Appeal raising a number of issues under sections 10, 14 and 21 of the 2003 Act, but he subsequently indicated through his counsel that he was pursuing only the section 10 issue, namely whether he had been convicted of an extradition offence. As I understand the argument he...

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