Italy v. Merico (unreported) 29th June 2011

Thu, 28 Jul 2011 19:55:13 GMT

In 1997, the Respondent (M) was convicted of drug trafficking and sentenced to 6 years imprisonment. M served 2 years of her sentence before being released and leaving Italy for the UK.

The District Judge refused to order her extradition on the basis that it would be oppressive due to the passage of time.

The Italian Judicial Authority appealed the District Judge’s decision to discharge the Respondent.

HELD: Appeal dismissed. The District Judge was entitled to find that the passage of 12 years rendered the Respondent’s extradition oppressive. Taken together the fact that: the offences were committed a long time ago; M had been released 12 years ago having served 2 years imprisonment; had travelled and lived openly in the UK; had not committed any further offences and was a parent and caring for her terminally ill mother meant that in all the circumstances, extradition would be oppressive.

Extradition

Italy v. Merico (unreported) 29th June 2011