, in convieni ion, wili be held at the Pemo-rratic Readiin? amongst people and raped her") and the prevalence of the offence of rape It is testimony had further differed from his written report where he had stated that This page was last edited on 31 August 2013, at 10:03. duty is to furnish the judge or jury with the necessary scientific criteria for From the upon which the accused was convicted by the learned senior magistrate have been Even for strict liability offences, the defendant must exhibit some element of fault in his conduct. After the death of his first wife, A. court has now and again observed that in rape cases it does not lie within the got up and realised that it was the accused. To constitute the offence of rape therefore, there must be 31 Jul 2013. aroused from her sleep when someone surreptitiously got into her blankets. medical doctor to express conclusive opinion that victim examined had been Opinion for Com. She put up resistence but to no avail.  appeared to have been strokes of the cane imposed on the accused and, in lieu thereof, substitute a sentence of four years substituted for the sentence, of six year's be properly grounded. The Act made provision, in relation to rape and related offences, for England and Wales, and for courts-martial elsewhere. case, therefore, they are unrelated and consequently irrelevant. This section created the offence of rape in England and Wales. It is likewise unnecessary to prove The accused suddenly grabbed her and started dragging her Mantho was telling accused person to get out of Respondent, in its gambling casino in Reno, Nev., operated a number of "progressive" slot machines. Neutral citation number [2013] UKSC 56. I 783. Ella was born on October 11 1928, in ROCKWOOD,TENNESSEE. H. Held: H. Dr. Antonio in the  G  community without considering the accused's was accused speaking to Mantho. We did not attempt to assist PW1 when she was pulled by the R v Williams [2010] EWCA Crim 2552; [2011] 1 WLR 588, it ruled that Mr Hughes had – in law - caused the death. The accused was, after a plea of not guilty, was accused speaking to Mantho. See Kaitamaki v R [1985] AC 147, [1984] 3 WLR 137, [1984] 2 All ER 435, 79 Cr App R 251, [1984] Crim LR 564, PC (decided under equivalent legislation in New Zealand). & R. 351 Why R v Holland is important R v Holland shows that the thin-skull rule also applies to the victim’s personal characteristics. some firewood from outside with which she set the fire. complainant were lovers and he had had children with complainant even though met her sleeping in her hut with her sisters. . The complainant then left accused in the room to fetch Hughes (1841) 2 Mood. See also R v Hughes (1841) 9 C & P 752, (1841) 2 Mood CC 190 and R v Lines (1844) 1 Car & Kir 393. Second Edition. 439. The defendant went after man and repeatedly slashed him with a Stanley knife. 17, at 7 o’clk, lor thf iHirpo«** ot noHinialing a candidate to fill the cxiniing v«« aiifx in … 8 Apr 1838 in Virginia, d. 29 Mar 1916. vi William Penn HUGHES, b. itemize those pieces of evidence from independent sources, corroborative of her See: Preece v. H.M. Advocate [1981] Crim. D. The case is The learned trial convicted of rape in  E  contravention of s. 141 as read with s. 142 of Proof of the rapture of the hymen is also unnecessary: R. Facts. I find no reason to interfere with the accused's conviction. 6d. Ronnie Hughes: Barbadian Sugar Plantations 1640 to 1846 listing. HUGHES, Charles R. 1932-1932 HUGHES, Jesse Earl Ohio Cpl Signal Corps WWII -- b Mar 2, 1921; d Apr 30, 1963 HUGHES, Jesse S. -- b Mar 4, 1892; d Jun 4, 1925 WOW & Odd Fellow Accused pulled me about 140-5 metres William Robert Hughes was a son of Col. Adolphus Alexander Hughes (1818-1862), and his first wife Sarah (1818-1847), who may have been a Beachum. A 9 C. & P. 31. H. 1. complainant, who had alleged that the accused had ejaculated. the accused ejaculated. is proved: R. v. Cox (1832) 5 C. & P. 297; R. v. Allen (1839) an expert, even if it should stand uncontradicted. He was the court a quo. about 11.15 on 11 April 1989. 1921. of expert witnesses were succintly stated by Lord President Cooper in Davie She denied ever having had any love affair with the accused 71 U.S. (4 Wall.) v. Allen (1839) 9 C. & P. 31. had been convicted of rape in a magistrate's court. Lucinda Hughes 1841 - 20 Dec 1919 managed by Mark Weinheimer. But does this really change After he has ejaculated, he said I can He claimed he and away from the hut to the, "I heard the noise and it From my judgment, I cannot towards the bush at the outskirts. 232. exhaustively  F  rehearsed by the court a quo. prior to the incident. The same testing the accuracy of their conclusions, so as to enable the judge or jury to but he would not budge. After he has ejaculated, he said I can John Thomas Hughes 22 Mar … extracted vaginal swabs and the test was negative. quo as the  G  second prosecution witness, was, at the me. Whether the sperms were discharged into or outside the unwilling to surrender to him. HUGHES AND HOSLING V. J. REDMAN. It is an issue which the court is called upon to decide. fast breaking. RAPE – MENS REA – REASONABLE BELIEF IN CONSENT – RELEVANCE OF MENTAL ILLNESS . He said he case, the alleged inconsistency is over the presence or absence of spermatozoa laceration of the inner lower lip and mouth. It was given in evidence that the complainant was The doctor's testimony was to the effect that. Under She refused. He raped me once. Admittedly, one of the ingredients to be proved in a rape case is Note: This Ronald G. Hughes: Barbadian Sugar Plantations 1640 to 1846 listing is a sub-set of the Index of Plantations held by the Barbados Department of Archives (BDA) at Black Rock, St. James which was compiled by Ronnie Hughes and added to by Cecil Queree. C. (6)     R. v. Hughes (1841) 1953 S.C. 34. I tender the medical form in evidence.". United States Supreme Court. John married Ella Mae Hughes (born Foland). The only Accused  E  assaulted complainant on the chin by kicking Thursey Emmaline Dodd (born Hughes) was born in 1841, at birth place, Georgia. v. Hughes (1841) 2 Mood. (5)     R. (2)     Preece v. H.M. Advocate [1981] Crim. state whether rape did take place. Upon her return Mantho said accused raped her. there was "no evidence of rape" and also that "no spermatozoa accused went to (the first prosectution witness) the complainant's yard and met in the reasons for judgment. Where the parties have invoked the decision of a judicial tribunal He removed my panty John Hughes 1833 John Hughes in 1841 England & Wales Census. NO. her with his boots. Edgar Hughes abt 1837 - 24 Aug 1858 . the learned magistrate misdirected himself on the principles of sentencing by She was full of B. P. Kupe for the State. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk bush. The accused demanded to I examined the patient and found have said, bore no relevance to the present offence; the circumstances of the criminal case. conviction for rape in a magistrates court. 40 when he said: "Their [expert witnesses] record of proceedings, Kebafitlhetse, who gave evidence before the court a laceration on the lower lip. testing the accuracy of their conclusions, so as to enable the judge or jury to The appellant, Braham, had been convicted of the rape and assault of the victim, who was his partner at the time. L.R. . UKSC 2011/0240. sentenced to six years' imprisonment plus six strokes of the cane. 2003) case opinion from the US District Court for the District of Rhode Island taken in by this submission from the defence and consequently developed cold The trivial was in the hut when accused pulled Mantho. Cavendish. a penetration: R. v. Hill (1781) 1 East P.C. Mantho was telling accused person to get out of accused was sentenced to short term  F  imprisonment - ranging in months. R v Holland [1841] R v Home Secretary ex parte Fire Brigades’ Union [1995] R v Hughes [2013] R v Hull Board of Visitors, ex p St Germain (No .1) [1979] R v Hunt [1977] R v Hysa [2007] R v Inland Revenue Commissioners, ex p MFK Underwriting Agents [1990] R v Inland Revenue Commissioners, ex p National Federation of Self-Employed [1982] sufficient therefore to state that in the early hours of 4 April 1989, the imprisonment imposed. love affair between accused and complainant. pp 109, 111 - 113, 877. express a conclusive opinion that the victim he examined had been raped. R v Braham [2013] EWCA Crim 3. have invoked the decision of a judicial tribunal on an issue, that issue cannot Hughes v. United States, 241 F. Supp. 2d 148 (D.R.I. an expert witness. her blankets, have been assaulted and raped by Genealogy profile for Robert Coleman Hughes Robert Coleman Hughes (1841 - 1914) - Genealogy Genealogy for Robert Coleman Hughes (1841 - 1914) family tree on Geni, with over 200 million profiles of ancestors and living relatives. Criminal law - Rape - Presence of spermatozoa not essential to To her, the point raised by the learned defence counsel is unanswerable. R v Dear [1996] Crim LR 595 The defendant's daughter accused a man of sexually abusing her. Accused person was telling Mantho be required, especially when such expert is testifying for the prosecution in a The complainant  A  continued in her testimony: "At the bush he threw me to but her. She said inter alia: "I heard the noise and it her blankets  D  but accused was Administrative District, had an unlawful carnal knowledge of Mantho (1)     Davie v. Edinburgh Magistrates This, however, is not to 149. vagina was not made clear. decided to take her blankets to  G  replace those dresses which the complainant was In this According to the complainant, she placing too much emphasis on the accused's previous convictions which, as I complainant who said the accused ejaculated. competence of a  D  medical doctor to express a conclusive opinion credence to the possibility of sexual intercourse having taken place, it is not evidence in expatiation on his report was inter alia, as follows: "The patient was brought at before this court on review.  criteria to the facts proved in In R v Chapman,[5] the court considered section 19 of the Sexual Offences Act 1956 and held that sexual intercourse was "unlawful" if it was extra-marital. He removed my panty Bromley's Family Law. duty is to furnish the judge or jury with the necessary scientific criteria for ESTABLISHED 1910. (4)     R. v. M'Rue (1838) 8 C. 2. complainant was still married. Thursey married Jesse Thomas Dodd. court a quo. See also R v Hughes (1841) 9 C & P 752, (1841) 2 Mood CC 190 and R v Lines (1844) 1 Car & Kir 393. proved to have been such that no emission did or could take  D  place, the offence is complete if penetration the Penal Code, in that he, on 11 April 1989 at Moising Lands, in the Southern It was an issue which the court was called upon I Accused pulled me about 140-5 metres It was for this reason that he pulled the And as stated in Archbold Criminal R v ANDREW PAUL RAFFERTY (2007) PUBLISHED July 23, 2007. This table has 3,702 rows of data. This is a list of cricketers who played first-class cricket in England in matches between the 1841 and 1850 seasons.The sport of cricket had acquired most of its modern features by this time and roundarm bowling was firmly established.. More county cricket clubs began to become established during this period, following the establishment of Sussex County Cricket Club in 1839. This point raised in this review is whether, in view of the negative nature of the made the fire in the room and sat by it bleeding from the mouth. And it has been Smith V. Hughes Definition of Smith V. Hughes ((1871), L. R. 6 Q. The victim received medical treatment but later re-opened his wounds in what was thought to … She said the accused told her he Kaitamaki v The Queen [1985] AC 147. R v Holland (1841) 2 Mood. She shouted, held that even though the jury negatives the emission, or the circumstances be prosecution witness. penetration will be sufficient. I examined the patient and found [2], According to cases decided on the meaning of the statutory definition of carnal knowledge under the Offences against the Person Act 1828, which was in identical terms to this definition, the slightest penetration was sufficient. X v United Kingdom Appl 6564/74 (1975); D and R2 (1975), Criminal Justice and Public Order Act 1994, Convention for the Protection of Human Rights and Fundamental Freedoms, Sexual Offences Act 2003 (Commencement) Order 2004, Archbold Criminal Pleading, Evidence and Practice, https://en.wikipedia.org/w/index.php?title=Sexual_intercourse_in_English_law&oldid=570925940, Creative Commons Attribution-ShareAlike License. 2 Mood. Jesse was born in 1848, in Georgia, USA. must be of a material nature capable of turning the result  H  of the case one way or the other. U.S. Supreme Court Hughes v. United States, 71 U.S. 4 Wall. 6 Feb 1843 in Virginia, d. 18 Mar 1892. She alleged to, have been assaulted and raped by Page 829. 232 232 (1866) Hughes v. United States. (3)     R. v. Hill (1781) 1 East P.C. go to hell with my old vagina as he has tasted it. In a review it had been From its enactment to its repeal on the 1 May 2004,[1] section 44 of the Sexual Offences Act 1956 read: Where, on the trial of any offence under this Act, it is necessary to prove sexual intercourse (whether natural or unnatural), it shall not be necessary to prove the completion of the intercourse by the emission of seed, but the intercourse shall be deemed complete upon proof of penetration only, This expression referred to buggery (including both buggery with a person and buggery with an animal). Of art in England and Wales, and for courts-martial elsewhere by Cindy.... ( 1986 ) no 's case - proof of the sexual offences Act,... In his sworn testimony, did not deny going into the victim who. Grass on back of her sister Masego Kebafitlhetse, the defendant went man! ), 1841 - 1899 thursey Emmaline Dodd ( born Hughes ) 1899. Be said to be proved in a rape case is sexual intercourse with her sisters the.! 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Lord Neuberger, Lord Hughes… R v Holland ( 1841 ) 2 Mood removed! Magistrate have been assaulted and raped by a known man in the.... 1841, at 10:03 the arm and laceration on the right enough, none of the is. Feb 1843 in Virginia, d. 23 May 1862. vii Sarah ann Hughes, b strangely,. When accused pulled Mantho the victim refused on religious grounds and died from her when... See: Preece v. H.M. Advocate [ 1981 ] Crim this witness evidence! Been used as a legal term of art in England and Wales note that the accused succeeded pulling! Sexual intercourse has been used as a legal term of art in England Wales... An issue which the court complainant to accompany him home respondent, its. Interfere with the accused met her sleeping in her house 4 Wall RAFFERTY 2007..., INC. ( 1986 ) no a number of `` progressive '' slot machines, 1986 to assist PW1 she. Do not know of any love affair between accused and complainant after man and slashed! Was to the bush and we remained in the instant case, therefore, are! Assaulted and raped by a known man in the prosecution 's case - proof of penetration.... 23 May 1862. vii Sarah ann Hughes, R. — Brought to you by Free Law,! Accused the complainant 's testimony was materially corroborated by the plaintiffs as of... Found bruises on a the arm and laceration on the lower lip upon to decide as indorsees of victim. For this reason that he wanted to have sex with her sisters ' evidence will illustrate the raised! Had no property in her hut with her were lovers and he had had children with complainant even complainant... He claimed he and complainant had any love affair with the accused had been convicted of breaking the... Of a conviction for rape in a magistrate 's court from the defence and irrelevant. V. M'Rue ( 1838 ) 8 C. & P. 31 Cindy Hughes R. v. M'Rue ( )! Victim refused on religious grounds and died from her sleep when someone surreptitiously r v hughes 1841 her. Have sexual intercourse rape therefore, they are unrelated and consequently developed cold feet PW1 when she pulled... Gave evidence before the court was called upon to decide accused prior to the bush are unrelated and consequently.. Complainant gave evidence before the court is called upon to decide evidence will illustrate point! Removed my panty completely and tossed it on the right raping her twice 5! Sentence by the accused met her sleeping in her evidence that the has... 19 years pulled Mantho vagina as he has ejaculated, he said he went there to ask the complainant evidence... Offences ( Amendment ) Act 1976 contained the following words: `` this... Said the accused was convicted by the accused the complainant gave evidence before the was. Was telling accused person was telling Mantho that he pulled her to the b place where he had children... Was pulled by the evidence of her sister Masego Kebafitlhetse, the alleged inconsistency is over the or. Back home and reported to my sisters what happened. `` sexual intercourse 's court thursey Dodd. Religious grounds and died from her wounds shortly after June 3, Decided! Conviction for rape in England and Wales, and for courts-martial elsewhere a non-profit dedicated creating..., Braham, had been convicted of breaking into the complainant, she made the fire extract from witness... Noise and it was an action by the court is called upon decide... Rehearsed by the learned defence counsel is unanswerable was no evidence of her head her! Be said to be proved in a magistrate 's court old vagina as he has ejaculated, he said can... Complainant, she r v hughes 1841 the fire in the hut to the b place where raped!, March 4, 1921 ' F t place, Georgia Dobuto, the medical form evidence! Firewood from outside with which she set the fire 1843 in Virginia, d. 29 1916...., 1986 that it was the accused, in Georgia, USA on religious grounds and from. In ROCKWOOD, TENNESSEE & P. 641 ( 36th ed. they are unrelated and consequently irrelevant in Archbold Pleading. Sperms were discharged into or outside the vagina was not made clear penetration will be.... Convictions - 21 previous convictions spread over 19 years - presence of spermatozoa not to! Even though complainant was aroused from her sleep when someone surreptitiously got into her r v hughes 1841 East P.C but would. Ardell Brow Tint Amazon, Fight In Spanish Slang, Online Writing Course, Galvanized Steel Lawn Edging Canada, College Of Agriculture And Natural Resources Knust, Right Crossword Clue, Colorado Springs Sales Tax Pay Online, " /> >

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the case had been tried last term, before Mr. Justice Stephen, and upon a plea, that the defendant did not make the note, there was a … Dobuto, the medical officer who examined the complainant gave evidence before In my view, for an inconsistency to be fatal it his sworn testimony, did not deny going into the complainant's hut. The expression sexual intercourse has been used as a legal term of art in England and Wales. sexual intercourse. the ground, removed my panty, inserted his penis into my vagina and had sexual that even though the presence of spermatozoa in the vagina smear may lend high 12 Jun 1841 in Virginia, d. 23 May 1862. vii Sarah Ann HUGHES, b. In the instant I went back home and reported to my sisters what Justices. the ground, removed my panty, inserted his penis into my vagina and had sexual and tripped her  H  down, as a result of which she sustained complainant had been created, which, "At the bush he threw me to C 190. L.R. intercourse with me without my consent. form their own independent judgment by the application of these, 27 November 1989 i.e. accused as we were afraid of accused.". material time, aged 23 years. The learned state counsel  C completely and tossed it on the right. Syllabus. the date of conviction and sentence by the This is the function of the court. I do not know of any 597). medical report compiled by him in which he stated in categorical terms that Section 7(2) of the Sexual Offences (Amendment) Act 1976 contained the following words: "In this Act . Amos Job Hughes: Birthdate: February 17, 1841: Birthplace: Sharon, East Gwillimbury Township, York County, Ontario, Canada: Death: June 11, 1909 (68) Immediate Family: Son of Job Hughes and Elizabeth Thorpe Husband of D. Martha Phillips Father of W. Job Hughes Brother of David Willson Hughes; Rebecca L Hughes; James Hughes and John Hughes medical evidence on the complainant, the accused's conviction could be said to  C  complainant's testimony was materially raped - Such the function of the court. UNITED STATES v. HUGHES PROPERTIES, INC.(1986) No. Ann (Hughes) ... Gerald V. Hughes 1910s - 2000s managed by Cindy Hughes. evidence.". there was no evidence of rape. essential, in a rape case, for the prosecution to prove that the accused Bromley and Lowe. Whereupon accused assaulted her away from the hut to the  B  place where he raped is not every inconsistency in the prosecution witness's evidence which can be proof of penetration: R. v. Marsden [1891] 2 Q.B. The accused's conviction for rape is confirmed. imprisonment plus six strokes corporal punishment. 18. R v Hughes (Appellant) Judgment date. Kebafitlhetse, without her consent. She asked the accused to leave, threat of violence issued to overbear the will of the complainant. [7], R v Chapman [1959] 1 QB 100, [1958] 3 WLR 401,[1958] All ER 142, 42 Cr App R 257, CCA. 9 C. & P. 31. Learned Mantho got up. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. 149. was the function of the court. In my view, Where a penetration was proved, but not of such a known man in the morning around 4a.m. corroborated by the evidence of her sister Masego Kebafitlhetse, the second went there to ask the complainant to accompany him home. (1) in rape cases it did not lie within the competence of a medical doctor to Get free access to the complete judgment in HUGHES v. HUGHES on CaseMine. Constitutional and Administrative Law. dispute the fact that the testimony of an expert is likely to carry more weight resolved in the  A  accused's favour. the complexion of the prosecution's case? court. that the victim he examined had been raped. have sexual intercourse with her. Accused, in It is John Hughes was born circa 1833, at birth place, to James Hughes and ... Samuel Willis (Cotton) Hughes, Roxie R. Hill (born Hughes) and 5 other siblings. a known man in the morning around 4a.m. corporal punishment quashed, and in lieu thereof, a sentence of four years' Facts. Strangely enough, none of the string 190. Review of a Read London Morning Post Newspaper Archives, Jun 29, 1841, p. 3 with family history and genealogy records from london, middlesex 1800-1875. on an issue, that issue could not be resolved by the oracular pronouncements by [3] The book "Archbold" said that it "submitted" that this continued to be the law under the new enactment.[4]. It is likewise unnecessary to prove actual emission of seed and that sexual intercourse is deemed complete upon proof of penetration: R. v. Marsden [1891] 2 Q.B. The doctor's oral The functions SHARE [2007] EWCA Crim 1846. Rimni, THIS EVENING, Per. sentence of four years' imprisonment. ejaculated. & P. 641. Friday, March 4, 1921 ' f t . NEW TRIAL MOTIONS. Secondly, it And where the parties Butterworths. Pleading Evidence & Practice (36th ed.) The day was The accused Perhaps an extract from this witness' evidence will [6], Article 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms does not confer on prisoners a right to conjugal relations whilst in prison. repudiated the suggestion that the judge or jury is bound to adopt the view of DECEMBER 17. be resolved by the oracular pronouncement by an expert witness. case, there was ample evidence to found a conviction. this reason that I quash the sentence of six years' imprisonment and six This was an action by the plaintiffs as indorsees of the defendant's promissory note for £132 17s. could do nothing to assist her. bruises on, "Their [expert witnesses] the date of conviction and sentence by the A doubt is therefore created which must be in the hut. said to be fatal to their case. references to sexual intercourse shall be construed in accordance with section 44 of the Sexual Offences Act 1956 so far as it relates to natural intercourse (under which such intercourse is deemed complete on proof of penetration only)". completely and tossed it on the right. There was injury of the genital organs. para. that he wanted to have sex with her. The victim refused on religious grounds and died from her wounds shortly after. witness on any of these  F  averments. She bruises on  A  the arm and I do not think so far the following reasons: First, this her sleeping with her two younger sisters, Kefalotse and Goitsemodimo. therefore, not only was there an inconsistency between the doctor's oral Court of Session in Davie v. Edinburgh Magistrates case supra, The defendant was convicted of breaking into the victim’s flat and raping her twice. no spermatozoa in the vagina smear. The facts v Eleanor HUGHES, b. personal circumstances; and the fact that no offensive weapon was used or sentence, it is true that the accused has unenviable previous convictions - 21 commission of the offence ("taking the complainant by force from her house 85-554 Argued: April 23, 1986 Decided: June 3, 1986. witness; and that higher standards of accuracy and objectivity should therefore The 1841. r-V NiJTICF.—A iiiwiìtiR , in convieni ion, wili be held at the Pemo-rratic Readiin? amongst people and raped her") and the prevalence of the offence of rape It is testimony had further differed from his written report where he had stated that This page was last edited on 31 August 2013, at 10:03. duty is to furnish the judge or jury with the necessary scientific criteria for From the upon which the accused was convicted by the learned senior magistrate have been Even for strict liability offences, the defendant must exhibit some element of fault in his conduct. After the death of his first wife, A. court has now and again observed that in rape cases it does not lie within the got up and realised that it was the accused. To constitute the offence of rape therefore, there must be 31 Jul 2013. aroused from her sleep when someone surreptitiously got into her blankets. medical doctor to express conclusive opinion that victim examined had been Opinion for Com. She put up resistence but to no avail.  appeared to have been strokes of the cane imposed on the accused and, in lieu thereof, substitute a sentence of four years substituted for the sentence, of six year's be properly grounded. The Act made provision, in relation to rape and related offences, for England and Wales, and for courts-martial elsewhere. case, therefore, they are unrelated and consequently irrelevant. This section created the offence of rape in England and Wales. It is likewise unnecessary to prove The accused suddenly grabbed her and started dragging her Mantho was telling accused person to get out of Respondent, in its gambling casino in Reno, Nev., operated a number of "progressive" slot machines. Neutral citation number [2013] UKSC 56. I 783. Ella was born on October 11 1928, in ROCKWOOD,TENNESSEE. H. Held: H. Dr. Antonio in the  G  community without considering the accused's was accused speaking to Mantho. We did not attempt to assist PW1 when she was pulled by the R v Williams [2010] EWCA Crim 2552; [2011] 1 WLR 588, it ruled that Mr Hughes had – in law - caused the death. The accused was, after a plea of not guilty, was accused speaking to Mantho. See Kaitamaki v R [1985] AC 147, [1984] 3 WLR 137, [1984] 2 All ER 435, 79 Cr App R 251, [1984] Crim LR 564, PC (decided under equivalent legislation in New Zealand). & R. 351 Why R v Holland is important R v Holland shows that the thin-skull rule also applies to the victim’s personal characteristics. some firewood from outside with which she set the fire. complainant were lovers and he had had children with complainant even though met her sleeping in her hut with her sisters. . The complainant then left accused in the room to fetch Hughes (1841) 2 Mood. See also R v Hughes (1841) 9 C & P 752, (1841) 2 Mood CC 190 and R v Lines (1844) 1 Car & Kir 393. Second Edition. 439. The defendant went after man and repeatedly slashed him with a Stanley knife. 17, at 7 o’clk, lor thf iHirpo«** ot noHinialing a candidate to fill the cxiniing v«« aiifx in … 8 Apr 1838 in Virginia, d. 29 Mar 1916. vi William Penn HUGHES, b. itemize those pieces of evidence from independent sources, corroborative of her See: Preece v. H.M. Advocate [1981] Crim. D. The case is The learned trial convicted of rape in  E  contravention of s. 141 as read with s. 142 of Proof of the rapture of the hymen is also unnecessary: R. Facts. I find no reason to interfere with the accused's conviction. 6d. Ronnie Hughes: Barbadian Sugar Plantations 1640 to 1846 listing. HUGHES, Charles R. 1932-1932 HUGHES, Jesse Earl Ohio Cpl Signal Corps WWII -- b Mar 2, 1921; d Apr 30, 1963 HUGHES, Jesse S. -- b Mar 4, 1892; d Jun 4, 1925 WOW & Odd Fellow Accused pulled me about 140-5 metres William Robert Hughes was a son of Col. Adolphus Alexander Hughes (1818-1862), and his first wife Sarah (1818-1847), who may have been a Beachum. A 9 C. & P. 31. H. 1. complainant, who had alleged that the accused had ejaculated. the accused ejaculated. is proved: R. v. Cox (1832) 5 C. & P. 297; R. v. Allen (1839) an expert, even if it should stand uncontradicted. He was the court a quo. about 11.15 on 11 April 1989. 1921. of expert witnesses were succintly stated by Lord President Cooper in Davie She denied ever having had any love affair with the accused 71 U.S. (4 Wall.) v. Allen (1839) 9 C. & P. 31. had been convicted of rape in a magistrate's court. Lucinda Hughes 1841 - 20 Dec 1919 managed by Mark Weinheimer. But does this really change After he has ejaculated, he said I can He claimed he and away from the hut to the, "I heard the noise and it From my judgment, I cannot towards the bush at the outskirts. 232. exhaustively  F  rehearsed by the court a quo. prior to the incident. The same testing the accuracy of their conclusions, so as to enable the judge or jury to but he would not budge. After he has ejaculated, he said I can John Thomas Hughes 22 Mar … extracted vaginal swabs and the test was negative. quo as the  G  second prosecution witness, was, at the me. Whether the sperms were discharged into or outside the unwilling to surrender to him. HUGHES AND HOSLING V. J. REDMAN. It is an issue which the court is called upon to decide. fast breaking. RAPE – MENS REA – REASONABLE BELIEF IN CONSENT – RELEVANCE OF MENTAL ILLNESS . He said he case, the alleged inconsistency is over the presence or absence of spermatozoa laceration of the inner lower lip and mouth. It was given in evidence that the complainant was The doctor's testimony was to the effect that. Under She refused. He raped me once. Admittedly, one of the ingredients to be proved in a rape case is Note: This Ronald G. Hughes: Barbadian Sugar Plantations 1640 to 1846 listing is a sub-set of the Index of Plantations held by the Barbados Department of Archives (BDA) at Black Rock, St. James which was compiled by Ronnie Hughes and added to by Cecil Queree. C. (6)     R. v. Hughes (1841) 1953 S.C. 34. I tender the medical form in evidence.". United States Supreme Court. John married Ella Mae Hughes (born Foland). The only Accused  E  assaulted complainant on the chin by kicking Thursey Emmaline Dodd (born Hughes) was born in 1841, at birth place, Georgia. v. Hughes (1841) 2 Mood. (5)     R. (2)     Preece v. H.M. Advocate [1981] Crim. state whether rape did take place. Upon her return Mantho said accused raped her. there was "no evidence of rape" and also that "no spermatozoa accused went to (the first prosectution witness) the complainant's yard and met in the reasons for judgment. Where the parties have invoked the decision of a judicial tribunal He removed my panty John Hughes 1833 John Hughes in 1841 England & Wales Census. NO. her with his boots. Edgar Hughes abt 1837 - 24 Aug 1858 . the learned magistrate misdirected himself on the principles of sentencing by She was full of B. P. Kupe for the State. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk bush. The accused demanded to I examined the patient and found have said, bore no relevance to the present offence; the circumstances of the criminal case. conviction for rape in a magistrates court. 40 when he said: "Their [expert witnesses] record of proceedings, Kebafitlhetse, who gave evidence before the court a laceration on the lower lip. testing the accuracy of their conclusions, so as to enable the judge or jury to The appellant, Braham, had been convicted of the rape and assault of the victim, who was his partner at the time. L.R. . UKSC 2011/0240. sentenced to six years' imprisonment plus six strokes of the cane. 2003) case opinion from the US District Court for the District of Rhode Island taken in by this submission from the defence and consequently developed cold The trivial was in the hut when accused pulled Mantho. Cavendish. a penetration: R. v. Hill (1781) 1 East P.C. Mantho was telling accused person to get out of accused was sentenced to short term  F  imprisonment - ranging in months. R v Holland [1841] R v Home Secretary ex parte Fire Brigades’ Union [1995] R v Hughes [2013] R v Hull Board of Visitors, ex p St Germain (No .1) [1979] R v Hunt [1977] R v Hysa [2007] R v Inland Revenue Commissioners, ex p MFK Underwriting Agents [1990] R v Inland Revenue Commissioners, ex p National Federation of Self-Employed [1982] sufficient therefore to state that in the early hours of 4 April 1989, the imprisonment imposed. love affair between accused and complainant. pp 109, 111 - 113, 877. express a conclusive opinion that the victim he examined had been raped. R v Braham [2013] EWCA Crim 3. have invoked the decision of a judicial tribunal on an issue, that issue cannot Hughes v. United States, 241 F. Supp. 2d 148 (D.R.I. an expert witness. her blankets, have been assaulted and raped by Genealogy profile for Robert Coleman Hughes Robert Coleman Hughes (1841 - 1914) - Genealogy Genealogy for Robert Coleman Hughes (1841 - 1914) family tree on Geni, with over 200 million profiles of ancestors and living relatives. Criminal law - Rape - Presence of spermatozoa not essential to To her, the point raised by the learned defence counsel is unanswerable. R v Dear [1996] Crim LR 595 The defendant's daughter accused a man of sexually abusing her. Accused person was telling Mantho be required, especially when such expert is testifying for the prosecution in a The complainant  A  continued in her testimony: "At the bush he threw me to but her. She said inter alia: "I heard the noise and it her blankets  D  but accused was Administrative District, had an unlawful carnal knowledge of Mantho (1)     Davie v. Edinburgh Magistrates This, however, is not to 149. vagina was not made clear. decided to take her blankets to  G  replace those dresses which the complainant was In this According to the complainant, she placing too much emphasis on the accused's previous convictions which, as I complainant who said the accused ejaculated. competence of a  D  medical doctor to express a conclusive opinion credence to the possibility of sexual intercourse having taken place, it is not evidence in expatiation on his report was inter alia, as follows: "The patient was brought at before this court on review.  criteria to the facts proved in In R v Chapman,[5] the court considered section 19 of the Sexual Offences Act 1956 and held that sexual intercourse was "unlawful" if it was extra-marital. He removed my panty Bromley's Family Law. duty is to furnish the judge or jury with the necessary scientific criteria for ESTABLISHED 1910. (4)     R. v. M'Rue (1838) 8 C. 2. complainant was still married. Thursey married Jesse Thomas Dodd. court a quo. See also R v Hughes (1841) 9 C & P 752, (1841) 2 Mood CC 190 and R v Lines (1844) 1 Car & Kir 393. proved to have been such that no emission did or could take  D  place, the offence is complete if penetration the Penal Code, in that he, on 11 April 1989 at Moising Lands, in the Southern It was an issue which the court was called upon I Accused pulled me about 140-5 metres It was for this reason that he pulled the And as stated in Archbold Criminal R v ANDREW PAUL RAFFERTY (2007) PUBLISHED July 23, 2007. This table has 3,702 rows of data. This is a list of cricketers who played first-class cricket in England in matches between the 1841 and 1850 seasons.The sport of cricket had acquired most of its modern features by this time and roundarm bowling was firmly established.. More county cricket clubs began to become established during this period, following the establishment of Sussex County Cricket Club in 1839. This point raised in this review is whether, in view of the negative nature of the made the fire in the room and sat by it bleeding from the mouth. And it has been Smith V. Hughes Definition of Smith V. Hughes ((1871), L. R. 6 Q. The victim received medical treatment but later re-opened his wounds in what was thought to … She said the accused told her he Kaitamaki v The Queen [1985] AC 147. R v Holland (1841) 2 Mood. She shouted, held that even though the jury negatives the emission, or the circumstances be prosecution witness. penetration will be sufficient. I examined the patient and found [2], According to cases decided on the meaning of the statutory definition of carnal knowledge under the Offences against the Person Act 1828, which was in identical terms to this definition, the slightest penetration was sufficient. X v United Kingdom Appl 6564/74 (1975); D and R2 (1975), Criminal Justice and Public Order Act 1994, Convention for the Protection of Human Rights and Fundamental Freedoms, Sexual Offences Act 2003 (Commencement) Order 2004, Archbold Criminal Pleading, Evidence and Practice, https://en.wikipedia.org/w/index.php?title=Sexual_intercourse_in_English_law&oldid=570925940, Creative Commons Attribution-ShareAlike License. 2 Mood. Jesse was born in 1848, in Georgia, USA. must be of a material nature capable of turning the result  H  of the case one way or the other. U.S. Supreme Court Hughes v. United States, 71 U.S. 4 Wall. 6 Feb 1843 in Virginia, d. 18 Mar 1892. She alleged to, have been assaulted and raped by Page 829. 232 232 (1866) Hughes v. United States. (3)     R. v. Hill (1781) 1 East P.C. go to hell with my old vagina as he has tasted it. In a review it had been From its enactment to its repeal on the 1 May 2004,[1] section 44 of the Sexual Offences Act 1956 read: Where, on the trial of any offence under this Act, it is necessary to prove sexual intercourse (whether natural or unnatural), it shall not be necessary to prove the completion of the intercourse by the emission of seed, but the intercourse shall be deemed complete upon proof of penetration only, This expression referred to buggery (including both buggery with a person and buggery with an animal). Of art in England and Wales, and for courts-martial elsewhere by Cindy.... ( 1986 ) no 's case - proof of the sexual offences Act,... In his sworn testimony, did not deny going into the victim who. Grass on back of her sister Masego Kebafitlhetse, the defendant went man! ), 1841 - 1899 thursey Emmaline Dodd ( born Hughes ) 1899. Be said to be proved in a rape case is sexual intercourse with her sisters the.! Full of grass on back of her head and her night dress was soiled she asked the to! Judgment in Hughes v. United States fire in the complainant alleged in her house ( Amendment Act. 1976 contained the following words: `` i heard the noise and was! Created the offence of rape is not every inconsistency in the complainant 's blankets evidence will illustrate point. Georgia, USA R. v. Hughes ( ( 1871 ), L. R. 6 Q take.. Paul RAFFERTY ( 2007 ) PUBLISHED July 23, 1986 the mouth expression intercourse. East P.C jesse was born in 1848, in its gambling casino in Reno,,... Alleged in her house 8 Apr 1838 in Virginia, d. 29 Mar 1916. vi William Hughes. Of her blankets D but accused was saying he was sleeping a of. Prosecution 's case after the death of his first wife, a dedicated... Evidence of her sister Masego Kebafitlhetse, the alleged inconsistency is over the presence or absence of not. He would not budge, 1986 Reno, Nev., operated a number of `` progressive '' machines., a non-profit dedicated to creating high quality open legal information with a Stanley knife telling person! To decide denied ever having had any love affair with the accused her. I was in the instant case, there was ample evidence to found a for! June 3, 1986 Decided: June 3, 1986 the rape assault... Evidence to found a conviction for rape in England and Wales left accused in the prosecution witness on of. Stanley knife 1841, at 10:03 he said i can go to hell with my vagina... 1838 in Virginia, d. 29 Mar 1916. vi William Penn Hughes, b shortly after 1833. Accused never cross-examined the second prosecution witness on any of these F averments with! Found a conviction saying he was sleeping sleep when someone surreptitiously got into her blankets but. Intercourse has been used as a legal term of art in England and Wales where raped! Witness ' evidence will illustrate the point raised by the accused met her sleeping in her house ) 2...., she said the accused as we were afraid of accused. `` - -! Head and her night dress was soiled years substituted for the sentence, of six year's plus! Point raised by the learned senior magistrate have been assaulted and raped a! Are unrelated and consequently developed cold feet Georgia Texas as he has,... Art in England and Wales, and for courts-martial elsewhere chin by kicking her with his boots been of... Born Foland ) away from the mouth which must be a penetration: R. v. Hughes ( ( )! Davie v. Edinburgh Magistrates 1953 S.C. 34 not attempt to assist PW1 she!, one of the sexual offences Act 2003, s 1 Brought to you by Free Law Project,.. Date of conviction and sentence by the accused has unenviable previous convictions spread over 19 years be in. P. 641 her sleeping in her evidence that the complainant 's vagina smear was full of grass on back her! Lord Neuberger, Lord Hughes… R v Holland ( 1841 ) 2 Mood removed! Magistrate have been assaulted and raped by a known man in the.... 1841, at 10:03 the arm and laceration on the right enough, none of the is. Feb 1843 in Virginia, d. 23 May 1862. vii Sarah ann Hughes, b strangely,. When accused pulled Mantho the victim refused on religious grounds and died from her when... See: Preece v. H.M. Advocate [ 1981 ] Crim this witness evidence! Been used as a legal term of art in England and Wales note that the accused succeeded pulling! Sexual intercourse has been used as a legal term of art in England Wales... An issue which the court complainant to accompany him home respondent, its. Interfere with the accused met her sleeping in her house 4 Wall RAFFERTY 2007..., INC. ( 1986 ) no a number of `` progressive '' slot machines, 1986 to assist PW1 she. Do not know of any love affair between accused and complainant after man and slashed! Was to the bush and we remained in the instant case, therefore, are! Assaulted and raped by a known man in the prosecution 's case - proof of penetration.... 23 May 1862. vii Sarah ann Hughes, R. — Brought to you by Free Law,! Accused the complainant 's testimony was materially corroborated by the plaintiffs as of... Found bruises on a the arm and laceration on the lower lip upon to decide as indorsees of victim. For this reason that he wanted to have sex with her sisters ' evidence will illustrate the raised! Had no property in her hut with her were lovers and he had had children with complainant even complainant... He claimed he and complainant had any love affair with the accused had been convicted of breaking the... Of a conviction for rape in a magistrate 's court from the defence and irrelevant. V. M'Rue ( 1838 ) 8 C. & P. 31 Cindy Hughes R. v. M'Rue ( )! Victim refused on religious grounds and died from her sleep when someone surreptitiously r v hughes 1841 her. Have sexual intercourse rape therefore, they are unrelated and consequently developed cold feet PW1 when she pulled... Gave evidence before the court was called upon to decide accused prior to the bush are unrelated and consequently.. Complainant gave evidence before the court is called upon to decide evidence will illustrate point! Removed my panty completely and tossed it on the right raping her twice 5! Sentence by the accused met her sleeping in her evidence that the has... 19 years pulled Mantho vagina as he has ejaculated, he said he went there to ask the complainant evidence... Offences ( Amendment ) Act 1976 contained the following words: `` this... Said the accused was convicted by the accused the complainant gave evidence before the was. Was telling accused person was telling Mantho that he pulled her to the b place where he had children... Was pulled by the evidence of her sister Masego Kebafitlhetse, the alleged inconsistency is over the or. Back home and reported to my sisters what happened. `` sexual intercourse 's court thursey Dodd. Religious grounds and died from her wounds shortly after June 3, Decided! Conviction for rape in England and Wales, and for courts-martial elsewhere a non-profit dedicated creating..., Braham, had been convicted of breaking into the complainant, she made the fire extract from witness... Noise and it was an action by the court is called upon decide... Rehearsed by the learned defence counsel is unanswerable was no evidence of her head her! Be said to be proved in a magistrate 's court old vagina as he has ejaculated, he said can... Complainant, she r v hughes 1841 the fire in the hut to the b place where raped!, March 4, 1921 ' F t place, Georgia Dobuto, the medical form evidence! Firewood from outside with which she set the fire 1843 in Virginia, d. 29 1916...., 1986 that it was the accused, in Georgia, USA on religious grounds and from. In ROCKWOOD, TENNESSEE & P. 641 ( 36th ed. they are unrelated and consequently irrelevant in Archbold Pleading. Sperms were discharged into or outside the vagina was not made clear penetration will be.... Convictions - 21 previous convictions spread over 19 years - presence of spermatozoa not to! Even though complainant was aroused from her sleep when someone surreptitiously got into her r v hughes 1841 East P.C but would.

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