Lythgoe v Malaga Provisional Criminal High Court Spain
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE COLLINS
Areas of Law
- Criminal Law and Procedure
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
This case involves an appeal against the decision to extradite the appellant to Spain for a 2004 drug offence. The appellant sold small quantities of heroin and cocaine to a police officer and fled Spain while on bail. He now lives in the UK and cares for his elderly, infirm parents. The key issues were whether extradition was proportionate given the elapsed time and family circumstances, and the low-level nature of the offence. The court dismissed the appeal, emphasizing the high bar for disproportionality arguments and the obligation to honour international commitments.
J U D G M E N T
1. MR JUSTICE COLLINS: This is an appeal under Section 26 of the Extradition Act 2003 , against the decision of District Judge Purdy given on the 7 August, whereby he directed the extradition of the appellant to Spain, to face an accusation of an offence committed a long time ago now, in 2004.
2. The offence in question was dealing in a very small quantity of heroin and cocaine. The offence arose because a police officer purchased from the claimant in the street 0.13 grams of heroin and cocaine, cocaine being at 35 per cent purity and heroin being at 11 per cent, and the value was some 60 euros.
3. That, in itself, is obviously a very low level of drug trafficking but the appellant had on him, on the day in question, which was 24 November 2004, some 395 euros. The allegation, as set out in the warrant, is that that came from his illegal activities, that is to say drug dealing and the individual who was providing him with the drugs that he was to sell was also arrested and is a co-defendant.
4. He was in custody for some 8 weeks. He was then released on bail, and he gave an address in Spain. I am told that that was a hotel. He did have a lawyer acting on his behalf. However, he chose to leave Spain, without informing the authorities that he was doing so, or where he was going.
5. It seems to me, although there has been no specific finding by the District Judge, that it is inevitable that he was to be treated as a fugitive from justice when he left Spain in 2005.
6. Mr Lloyd says that it was known that he was a UK citizen and, therefore, albeit a domestic warrant was issued in Spain, the authorities have issued an EAW then, albeit, of course, they did not then know for sure where he had gone.
7. In fact he came to this country, and went to live with his parents. It is said on his behalf, and I have no reason to doubt, that at the time that he committed the offence he was, himself, a drug addict and he was doing what he was doing in order to enable him to receive the drugs to feed his habit.
8. That is a not unusual picture, but he has since managed to wean himself off. It is a fact that subject possibly to two occasions when he was dealt with, albeit not prosecuted, for allegedly being drunk and disorderly and allegedly having shop-lifted, he has not committed offences in this country. He had, as long ago as 2001, committed a burglary but that was before he went to Spain, and I imagine that at that time he was already hooked o