McKinnon v The United States of America and Anotherr: HL 30 Jul 2008

The appellant sought to avoid extradition to the US. He had hacked into 97 US government computers. He argued that the punishment he might expect in the US was completely disproportionate to the offence, and that he had been misled into entering into a plea bargain making the extradition an abuse of process.
Held: The appeal was dismissed. Some of the offences were paralleled in English law by offences carrying a maximum of life imprisonment, and ‘the disparity between the consequences predicted by the US authorities dependent upon whether the appellant cooperated or not was very marked. It seems to me, however, no more appropriate to describe the predicted consequences of non-cooperation as a ‘threat’ than to characterise the predicted consequences of co-operation as a ‘promise’.’ Any difference here was insufficient to raise an issue of abuse of process.

Lord Scott of Foscote, Lord Phillips of Worth Matravers, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury
[2008] UKHL 59, Times 06-Aug-2008, [2008] 1 WLR 1739, [2008] 4 All ER 1012, [2008] UKHRR 1103
Bailii, HL
Extradition Act 2003 69 87, Aviation and Maritime Security Act 1990 12
England and Wales
Appeal fromMcKinnon v USA and Another Admn 3-Apr-2007
The defendant appealed an order for his extradition. He had used his computer in London to access remotely defence and other government computers in the USA, and deleted files and copied others onto his own computer. He had been offered a deal if he . .
CitedUnited States of America, Regina (on the Application of) v Bow Street Magistrates’ Court Admn 6-Sep-2006
The defendant a serving prisoner sought an adjournment of his extradition to a time closer to the end of the sentence he was to serve in England.
Held: The court had sympathy with the argument that where the district judge is being invited to . .
CitedIn Re Ismail (Application For Writ of Habeas Corpus) (On Appeal From A Divisional Court of The Queen’s Bench Division) HL 20-Aug-1998
The term ‘Accused person’ for the purposes of extradition can include a person yet to be charged. Allowance are to be made for foreign systems, and should recognise the purpose of the legislation and includes the desire to interview or where a . .
CitedP, Regina v; Regina v Blackburn CACD 22-Oct-2007
Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied with a statement explaining his assistance. He now appealed sentence of 17 years imprisonment for assorted serious drugs . .
CitedUnited States of America v Shulman 5-Apr-2001
Canlii (Supreme Court of Canada) Constitutional law — Charter of Rights — Mobility rights — Right to remain in Canada – Extradition – Whether mobility rights engaged at committal stage of extradition process . .
CitedGoodyear, Karl, Regina v CACD 19-Apr-2005
The defendant complained that he had pleaded guilty to a charge of corruption on the basis of an indication from the judge that he would not receive a custodial sentence. Having pleaded guilty he had then been sentenced to a six months prison . .
CitedUnited States of America v Cobb 5-Apr-2001
Canlii (Supreme Court of Canada) Constitutional law — Charter of Rights — Fundamental justice – Remedies — Extradition — Whether considerations relating to fundamental justice engaged at committal stage of . .

Cited by:
See AlsoMcKinnon v Secretary of State for the Home Department Admn 23-Jan-2009
. .
See AlsoMcKinnon, Regina (On the Application of) v Secretary Of State for Home Affairs Admn 31-Jul-2009
Assurances for Extradition
Extradition of the defendant was sought to the US to face allegations of hacking into defence computers there. He said this would infringe his article 3 rights, saying that he suffered Autism Spectrum Disorder.
Held: The application failed. US . .

Lists of cited by and citing cases may be incomplete.


Updated: 02 November 2021; Ref: scu.271280