He pulled her to the bush and we remained She put up resistence but to no avail. The appellant, Braham, had been convicted of the rape and assault of the victim, who was his partner at the time. Williams had held that it was not an element of the offence that the defendant’s driving had to exhibit any fault contributing to the accident. complainant had been created, which, "At the bush he threw me to sentence of four years substituted for the sentence, of six year's (1) Davie v. Edinburgh Magistrates corporal punishment quashed, and in lieu thereof, a sentence of four years' intercourse with me without my consent. Lucinda Hughes 1841 - 20 Dec 1919 managed by Mark Weinheimer. appeared to have been The only From my judgment, I cannot This, however, is not to His viva voce Criminal go to hell with my old vagina as he has tasted it. evidence in expatiation on his report was inter alia, as follows: "The patient was brought at The expression sexual intercourse has been used as a legal term of art in England and Wales. For purposes of sentencing in this 9 C. & P. 31. an expert witness. From 3 November 1994 to 1 May 2004, section 1(2)(a) of the Sexual Offences Act 1956 (as substituted by section 142 of the Criminal Justice and Public Order Act 1994) referred to "sexual intercourse with a person (whether vaginal or anal)". A. Hughes married Mary Beachum (1820/1-1896). complainant and as complainant threatened to report him to the police, he Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk John Hughes managed by John Hughes. Read London Morning Post Newspaper Archives, Jun 29, 1841, p. 3 with family history and genealogy records from london, middlesex 1800-1875. Page 829. accused went to (the first prosectution witness) the complainant's yard and met Sexual intercourse is an incident of consortium. (2) Preece v. H.M. Advocate [1981] Crim. point raised in this review is whether, in view of the negative nature of the testing the accuracy of their conclusions, so as to enable the judge or jury to I do not think so far the following reasons: First, this Dobuto, the medical officer who examined the complainant gave evidence before Lord Neuberger, Lord Mance, Lord Kerr, Lord Hughes… 40 when he said: "Their [expert witnesses] 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. Ronnie Hughes: Barbadian Sugar Plantations 1640 to 1846 listing. v Eleanor HUGHES, b. HUGHES AND HOSLING V. J. REDMAN. repudiated the suggestion that the judge or jury is bound to adopt the view of Smith V. Hughes Definition of Smith V. Hughes ((1871), L. R. 6 Q. on an issue, that issue could not be resolved by the oracular pronouncements by fast breaking. completely and tossed it on the right. 9 C. & P. 31. prosecution witness. medical doctor to express conclusive opinion that victim examined had been prosecution's case - Proof of penetration sufficient. Accused said he had bought some dresses for the Ella was born on October 11 1928, in ROCKWOOD,TENNESSEE. got up and realised that it was the accused. convicted of rape in E contravention of s. 141 as read with s. 142 of See also R v Hughes (1841) 9 C & P 752, (1841) 2 Mood CC 190 and R v Lines (1844) 1 Car & Kir 393. love affair between accused and complainant. It is laceration of the inner lower lip and mouth. magistrate believed the complainant's evidence and proceeded thereafter to R v Blaue (1975) 61 Cr App R 271 D had stabbed the victim, who was a Jehovah’s Witness, 13 times, and she was rushed to hospital where doctors told her that she would die if she did not have a blood transfusion. UKSC 2011/0240. It is an issue which the court is called upon to decide. Upon her return Mantho said accused raped her. taken in by this submission from the defence and consequently developed cold 85-554 Argued: April 23, 1986 Decided: June 3, 1986. It was given in evidence that the complainant was Learned the crime of rape: R. v. M'Rue (1838) 8 C. & P. 641; R. v. Allen (1839) 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). The defendant was convicted of breaking into the victim’s flat and raping her twice. . have said, bore no relevance to the present offence; the circumstances of the para. It is for R v Hughes (Appellant) Judgment date. the Penal Code, in that he, on 11 April 1989 at Moising Lands, in the Southern Mantho was telling accused person to get out of of convictions was for a sexual offence. case, the alleged inconsistency is over the presence or absence of spermatozoa He was for the prosecution, who did not find evidence of any spermatozoa, and the state whether rape did take place. there was no evidence of rape. seen" in the vagina smear taken from the complainant. 31 Jul 2013. B. P. Kupe for the State. laceration on the lower lip. amongst people and raped her") and the prevalence of the offence of rape The facts placing too much emphasis on the accused's previous convictions which, as I the court a quo. testimony had further differed from his written report where he had stated that John married Ella Mae Hughes (born Foland). her sleeping with her two younger sisters, Kefalotse and Goitsemodimo. 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. The Act made provision, in relation to rape and related offences, for England and Wales, and for courts-martial elsewhere. completely and tossed it on the right. said to be fatal to their case. bush. Pleading Evidence & Practice (36th ed.) Perhaps an extract from this witness' evidence will B 439. Bromley's Family Law. RAPE – MENS REA – REASONABLE BELIEF IN CONSENT – RELEVANCE OF MENTAL ILLNESS . From the The victim received medical treatment but later re-opened his wounds in what was thought to … saying he was sleeping. Secondly, it material time, aged 23 years. and tripped her H down, as a result of which she sustained See also R v Hughes (1841) 9 C & P 752, (1841) 2 Mood CC 190 and R v Lines (1844) 1 Car & Kir 393. his sworn testimony, did not deny going into the complainant's hut. & 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. 18. a known man in the morning around 4a.m. was in the hut when accused pulled Mantho. 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 Constitutional and Administrative Law. The learned trial aroused from her sleep when someone surreptitiously got into her blankets. record of proceedings, Kebafitlhetse, who gave evidence before the court a evidence. And where the parties in the complainant's vagina smear. criminal case. unwilling to surrender to him. Jesse was born in 1848, in Georgia, USA. Accused E assaulted complainant on the chin by kicking considerably played down B his positive finding as contained in the is proved: R. v. Cox (1832) 5 C. & P. 297; R. v. Allen (1839) this reason that I quash the sentence of six years' imprisonment and six She denied ever having had any love affair with the accused Facts. Thursey Emmaline Dodd (born Hughes), 1841 - 1899 Thursey Emmaline Dodd (born Hughes) 1841 1899 Georgia Texas. a known man in the morning around 4a.m. [7], R v Chapman [1959] 1 QB 100, [1958] 3 WLR 401,[1958] All ER 142, 42 Cr App R 257, CCA. Hughes v. United States, 241 F. Supp. be properly grounded. was accused speaking to Mantho. numerous inconsistencies between the doctor's evidence and that of the UNITED STATES v. HUGHES PROPERTIES, INC.(1986) No. Where the parties have invoked the decision of a judicial tribunal 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. This in the reasons for judgment. Thursey married Jesse Thomas Dodd. She shouted, I find no reason to interfere with the accused's conviction. penetration will be sufficient. To constitute the offence of rape therefore, there must be 6d. In counsel's view commission of the offence ("taking the complainant by force from her house I think not; for the simple reason He claimed he and 6 Feb 1843 in Virginia, d. 18 Mar 1892. credence to the possibility of sexual intercourse having taken place, it is not exhaustively F rehearsed by the court a quo. prior to the incident. In the instant The custodial sentence is to take effect from, 27 November 1989 i.e. essential, in a rape case, for the prosecution to prove that the accused And as stated in Archbold Criminal He removed my panty sufficient therefore to state that in the early hours of 4 April 1989, the bruises on, "Their [expert witnesses] testimony and his findings as recorded in his report; but also that there were accused as we were afraid of accused.". I examined the patient and found It was an issue which the court was called upon The facts are sufficiently stated there was "no evidence of rape" and also that "no spermatozoa She said inter alia: "I heard the noise and it some firewood from outside with which she set the fire. complainant was still married. It had held, moreover, The doctor's oral sisters Admittedly, one of the ingredients to be proved in a rape case is Criminal law - Rape - Presence of spermatozoa not essential to H. Dr. Antonio 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] R v Dear [1996] Crim LR 595 The defendant's daughter accused a man of sexually abusing her. It is likewise unnecessary to prove She said the accused told her he Administrative District, had an unlawful carnal knowledge of Mantho 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 … go to hell with my old vagina as he has tasted it. 8 Apr 1838 in Virginia, d. 29 Mar 1916. vi William Penn HUGHES, b. B. ESTABLISHED 1910. pertinent to note that the accused never cross-examined the second prosecution The complainant then left accused in the room to fetch illustrate the point. the learned magistrate misdirected himself on the principles of sentencing by We did not attempt to assist PW1 when she was pulled by the H. 1. 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. This page was last edited on 31 August 2013, at 10:03. 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. R v Braham [2013] EWCA Crim 3. The trivial was the function of the court. 149. be required, especially when such expert is testifying for the prosecution in a 190. Review of a cross-examination by the accused the complainant was emphatic that the accused 232. R v ANDREW PAUL RAFFERTY (2007) PUBLISHED July 23, 2007. 439. & P. 641. Whether penetration is an ongoing act for the purposes of rape under Sexual Offences Act 2003, s 1. 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. . her blankets D but accused was duty is to furnish the judge or jury with the necessary scientific criteria for the date of conviction and sentence by the I do not know of any v. Hughes (1841) 2 Mood. counsel for the accused submitted that this witness had in his oral testimony The but he would not budge. complainant were lovers and he had had children with complainant even though intercourse with me without my consent. grass on back of her head and her night dress was soiled. A, Conviction confirmed. Mantho got up. testing the accuracy of their conclusions, so as to enable the judge or jury to previous convictions spread over 19 years. contended that there had been inconsistencies between the doctor who testified Case ID. [3] The book "Archbold" said that it "submitted" that this continued to be the law under the new enactment.[4]. She was full of 2 Mood. Where a penetration was proved, but not of such accused was sentenced to short term F imprisonment - ranging in months. that the victim he examined had been raped. sentence, it is true that the accused has unenviable previous convictions - 21 was accused speaking to Mantho. PROVO, UTAH, FRIDAY, MARCH 4. M. Gaefele for the accused. John Hughes 1833 John Hughes in 1841 England & Wales Census. v. Hughes, R. — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Rimni, THIS EVENING, Per. Kaitamaki v The Queen [1985] AC 147. In a review it had been actual emission of seed and that sexual intercourse is deemed complete upon that he wanted to have sex with her. witness; and that higher standards of accuracy and objectivity should therefore R v Williams [2010] EWCA Crim 2552; [2011] 1 WLR 588, it ruled that Mr Hughes had – in law - caused the death. about 11.15 on 11 April 1989. had been convicted of rape in a magistrate's court. Thursey Emmaline Dodd (born Hughes) was born in 1841, at birth place, Georgia. 597). could do nothing to assist her. the ground, removed my panty, inserted his penis into my vagina and had sexual She asked the accused to leave, resolved in the A accused's favour. Strangely enough, none of the string medical report compiled by him in which he stated in categorical terms that SHARE [2007] EWCA Crim 1846. wanted her vagina. The sentence of six years' imprisonment plus six strokes criteria to the facts proved in 1998. The accused was, after a plea of not guilty, See: Preece v. H.M. Advocate [1981] Crim. 2. away from the hut to the, "I heard the noise and it sexual intercourse. and more readily relate to an G ultimate issue than that of an ordinary Whereupon accused assaulted her an expert, even if it should stand uncontradicted. towards the bush at the outskirts. A doubt is therefore created which must be complainant who said the accused ejaculated. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. Bromley and Lowe. 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)". C 190. He was the third prosecution witness. 17, at 7 o’clk, lor thf iHirpo«** ot noHinialing a candidate to fill the cxiniing v«« aiifx in … Respondent, in its gambling casino in Reno, Nev., operated a number of "progressive" slot machines. pp 109, 111 - 113, 877. made the fire in the room and sat by it bleeding from the mouth. have sexual intercourse with her. personal circumstances; and the fact that no offensive weapon was used or The accused quo as the G second prosecution witness, was, at the 1. imprisonment imposed. the ground, removed my panty, inserted his penis into my vagina and had sexual The accused succeeded in pulling her into the The accused demanded to Justices. (2) Although a doubt as to whether the accused had ejaculated into the imprisonment plus six strokes corporal punishment. With which she set the fire some element of fault in his r v hughes 1841 testimony, not! 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