Key Facts
- •Extradition case concerning dual criminality under Part 2 of the Extradition Act 2003.
- •Appellant wanted for extradition to Norway on accusation dated 22 April 2022.
- •Extradition ordered on 14 November 2022.
- •Five contentious alleged offences in Norway, all under section 263 of Norway's Penal Code (threatening criminal conduct inducing serious fear).
- •Respondent relies on UK's Malicious Communications Act 1988, s.1 and Communications Act 2003, s.127(1).
- •Appellant argues missing ingredients in the Norwegian offence compared to UK offences, requiring the 'irresistible inference' test.
Legal Principles
Conduct Test (Norris v USA)
Norris v USA [2008] UKHL 16 [2008] 1 AC 920
Irresistible Inference Test (Assange v Sweden)
Assange v Sweden [2011] EWHC 2849 (Admin)
Missing Ingredient Test (Cleveland v United States)
Cleveland v United States [2019] EWHC 619 (Admin)
Mens Rea for s.127(1) Communications Act 2003
DPP v Bussetti [2021] EWHC 2140 (Admin)
Outcomes
Appeal dismissed.
Court found no missing ingredients in the Norwegian offence compared to the UK offences. The irresistible inference test was also satisfied; the particulars of the conduct strongly implied the necessary mens rea elements under UK law.
Certification of points of law declined.
The proposed points of law were not considered to be involved in the decision, given the court's findings on missing ingredients and the irresistible inference test.