R v Franciscus Schaapveld [2016] NZDC 15560

Published 11 January 2017

Extradition Act 1999, ss 8, 45 and 46 — importation of cocaine. Extradition was sought and granted under the Act. Charges had been laid in the UK against the defendant for conspiracy to import cocaine and conspiracy to fraudulently evade a prohibition in relation to the importation of a drug amphetamine. Section 45 of the Act sets out a three step process to be followed in determining whether extradition can be order under s 46. 1. The Court must determine if a warrant for a person's arrest under s 41(1) has been produced to the Court. 2. Whether the defendant is an extradited person in relation to the extradition country. 3. Whether the offences the defendant is charged with are extradition offences. In making the order, it was determined that the the three steps in the process were satisfied and the procedure was then followed as set out in s 46. There were no discretionary restrictions to the order being made under s 8, that is a return to the UK would not be unjust or oppressive. Judgment Date: 11 August 2016.