Extradition was refused where in the heat of an attack on an arsenal and the municipal palace of a Swiss canton by persons dissatisfied with the government, the fugitive had shot and killed a member of the state council. The offence was a political act. The court expounded the ‘political incidence theory’. Things ‘may be done for the purpose of furthering and in furtherance of a political rising, even though it is an act which may be deplored and lamented, as even cruel and against all reason, by those who can calmly reflect upon it after the battle is over.’
Judges:
Hawkins J
Citations:
[1891] QB 149
Jurisdiction:
England and Wales
Extradition
Updated: 29 April 2022; Ref: scu.188807
