[2011] EWHC 1378 (Admin)

Two offences of obtaining intellectual property illegally through copied data files were insufficiently particularised to amount to extradition offences as the conduct alleged did not support the mens rea required for an offence contrary to the Proceeds of Crime Act 2002 and thus the dual criminality test was not satisfied. The remaining offences which included an additional averment that the files acquired had "the traits of illegal copying" did satisfy the test.

QBD (Admin) (Lloyd-Jones J)

27/05/2011