The appellant appealed against an order for his extradition to Poland to serve the remainder of his three-year sentence for multiple counts of possession and sale of marijuana on the grounds that changes in his circumstance since the judge’s decision meant that he would have decided the case differently.
The appellant had been in custody continuously in the year since the judge’s decision and during this time the health of the appellant’s wife had deteriorated markedly.
Court’s decision and reasoning
Allowing the appeal and discharging the appellant, the court found that while there was no fault with the decision of the judge at first instance, there was clearly new evidence to be taken into account which was not available at the time of the extradition hearing. The court stated that had this new evidence relating to time already served and the conditions and prognosis of the appellant’s wife been available to the judge at the extradition hearing he would not only have been required to order the appellant’s discharge, but would indeed have done so.