Offences in European Arrest Warrant correspond with the offence of theft in Ireland

European Arrest Warrant – custodial warrant – warrant to serve 3 years, 4 months and 29 days of imprisonment remaining from an aggregate sentence of 5 years and 5 months imprisonment imposed upon him in respect of 22 separate offences - previously been surrendered to Poland by Order of the High Court for execution of a sentence of 2 years of imprisonment imposed upon him in respect of one of these 22 offences and which said sentence was thereafter served by him in Poland – alleged violation of double jeopardy -  abuse of process – no correspondence with an offence in Irish law – ticked box offences – forgery and fraud - no manifestly incorrect designation of 20 of these offences as list offences under the said provisions – whether offences described correspond with theft – additional information - consideration to be made is of the acts or omissions which formed the offence in Poland and thereafter to decide if those acts or omissions would constitute an offence if committed in this jurisdiction - Court must establish whether the ingredients of the crime of theft in each case have been satisfied by virtue of the acts which have been set out in the EAW and the additional documentation - not a matter for this Court to establish whether the acts would amount to the offence of theft in Polish law - whether as a matter of law the acts found to have been committed would constitute the crime of theft in Irish law –  argued he could not be surrendered where he had served the final sentence - the issue of final judgment must be considered from the point of view of the issuing judicial authority - principles of mutual trust and mutual recognition - where separate sentences are imposed, they are to be served separately and an aggregation of sentences results in a diminution of the totality of the overall sentence- respondent’s request to aggregate his sentence - no doubt that the two year sentence which he had received for offence 22 was not a final judgment according to Polish law – no abuse of process - fair trial rights have been fully met in the issuing state – no issue in relation trial in absentia – surrender ordered.