Key Facts
- •Matthew Grimm (Appellant), aged 49, is wanted for extradition to the United States.
- •Accusation of conspiracy to import and importation of novel psychoactive substances from the Netherlands to the US via a website, and money laundering.
- •Provisionally arrested on 8 November 2022, indictment by US Grand Jury in October 2022.
- •Home Secretary ordered extradition on 4 December 2023 after District Judge Tempia's decision on 20 October 2023.
- •Appeal focuses on dual criminality (mens rea) and forum grounds.
Legal Principles
Dual Criminality under section 137(4)(b) of the Extradition Act 2003 requires correspondence between the foreign offence and a domestic offence.
Extradition Act 2003, section 137(4)(b)
The required mens rea for dual criminality must be present in both jurisdictions. Knowledge that the imported substances were prohibited is necessary.
R v Taaffe [1984] AC 539; R v Panayi [1989] 1 WLR 187; R v Saik [2007] 1 AC 18
Forum considerations under section 83A of the 2003 Act involve determining where 'most' of the harm occurred and whether evidence could be made available in the UK.
Extradition Act 2003, section 83A
Outcomes
Permission to appeal refused on both grounds.
The court found sufficient correspondence in the crimes to satisfy dual criminality; the required knowledge was present in the US offences. Regarding forum, the judge correctly applied the law, and the weight given to various factors did not amount to an error.