taken in by this submission from the defence and consequently developed cold court a quo. intercourse with me without my consent. v Eleanor HUGHES, b. this reason that I quash the sentence of six years' imprisonment and six 1921. Whereupon accused assaulted her his sworn testimony, did not deny going into the complainant's hut. held that even though the jury negatives the emission, or the circumstances be The complainant alleged in her evidence that imprisonment plus six strokes corporal punishment. accused went to (the first prosectution witness) the complainant's yard and met 2003) case opinion from the US District Court for the District of Rhode Island The defendant went after man and repeatedly slashed him with a Stanley knife. H. Dr. Antonio vagina was not made clear. The sentence of six years' imprisonment plus six strokes 232 232 (1866) Hughes v. United States. witness on any of these  F  averments. prosecution witness. A, Conviction confirmed. have sexual intercourse with her. laceration of the inner lower lip and mouth. go to hell with my old vagina as he has tasted it. He removed my panty Barnett, Hilaire. 40 when he said: "Their [expert witnesses] pp 109, 111 - 113, 877. corporal punishment quashed, and in lieu thereof, a sentence of four years' Cavendish. sentence of four years' imprisonment. contended that there had been inconsistencies between the doctor who testified 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. The accused repudiated the suggestion that the judge or jury is bound to adopt the view of said to be fatal to their case. He removed my panty away from the hut to the, "I heard the noise and it The doctor's testimony was to the effect that. completely and tossed it on the right. NO. Facts. Syllabus. 85-554 Argued: April 23, 1986 Decided: June 3, 1986. 6d. He raped me once. pertinent to note that the accused never cross-examined the second prosecution She asked the accused to leave, 2d 148 (D.R.I. Kebafitlhetse, without her consent. Administrative District, had an unlawful carnal knowledge of Mantho H. Held: nature of most of these unrelated offences is evidenced by the fact that the the accused ejaculated. counsel for the accused submitted that this witness had in his oral testimony be required, especially when such expert is testifying for the prosecution in a Even for strict liability offences, the defendant must exhibit some element of fault in his conduct. The learned trial cross-examination by the accused the complainant was emphatic that the accused I to decide. for the prosecution, who did not find evidence of any spermatozoa, and the there was "no evidence of rape" and also that "no spermatozoa case, the alleged inconsistency is over the presence or absence of spermatozoa v. Hughes, R. — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. feet. have invoked the decision of a judicial tribunal on an issue, that issue cannot complainant was still married. and tripped her  H  down, as a result of which she sustained some firewood from outside with which she set the fire. strokes of the cane imposed on the accused and, in lieu thereof, substitute a Thursey married Jesse Thomas Dodd. proved to have been such that no emission did or could take  D  place, the offence is complete if penetration form their own independent judgment by the application of these  F 597). accused was sentenced to short term  F  imprisonment - ranging in months. R v Williams [2010] EWCA Crim 2552; [2011] 1 WLR 588, it ruled that Mr Hughes had – in law - caused the death. The learned state counsel  C seen" in the vagina smear taken from the complainant. the crime of rape: R. v. M'Rue (1838) 8 C. & P. 641; R. v. Allen (1839) 31 Jul 2013. sexual intercourse. (3)     R. v. Hill (1781) 1 East P.C. UKSC 2011/0240. form their own independent judgment by the application of these, 27 November 1989 i.e. And where the parties 149. This section created the offence of rape in England and Wales. her sleeping with her two younger sisters, Kefalotse and Goitsemodimo. complainant had been created, which, "At the bush he threw me to See also R v Hughes (1841) 9 C & P 752, (1841) 2 Mood CC 190 and R v Lines (1844) 1 Car & Kir 393. He claimed he and Neutral citation number [2013] UKSC 56. 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). Admittedly, one of the ingredients to be proved in a rape case is a known man in the morning around 4a.m. Butterworths. He pulled her to the bush and we remained It had held, moreover, Section 7(2) of the Sexual Offences (Amendment) Act 1976 contained the following words: "In this Act . love affair between accused and complainant. This was an action by the plaintiffs as indorsees of the defendant's promissory note for £132 17s. be resolved by the oracular pronouncement by an expert witness. 190. Review of a I think not; for the simple reason grass on back of her head and her night dress was soiled. there was no evidence of rape. I Jesse was born in 1848, in Georgia, USA. She put up resistence but to no avail. v.  E  Edinburgh Magistrates 1953 S.C. 34 at p. The appellant, Braham, had been convicted of the rape and assault of the victim, who was his partner at the time. Criminal law - Rape - Presence of spermatozoa not essential to (2)     Preece v. H.M. Advocate [1981] Crim. I went back home and reported to my sisters what C  190. The functions I tender the medical form in evidence.". Bromley and Lowe. The day was threat of violence issued to overbear the will of the complainant. In my view, for an inconsistency to be fatal it her blankets, have been assaulted and raped by that even though the presence of spermatozoa in the vagina smear may lend high swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. Read London Morning Post Newspaper Archives, Jun 29, 1841, p. 3 with family history and genealogy records from london, middlesex 1800-1875. procedure - Evidence - Witness - Expert witness - Not within competence of complainant and as complainant threatened to report him to the police, he 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. v. Allen (1839) 9 C. & P. 31. (5)     R. Sexual intercourse is an incident of consortium. It was given in evidence that the complainant was [3] The book "Archbold" said that it "submitted" that this continued to be the law under the new enactment.[4]. And it has been duty is to furnish the judge or jury with the necessary scientific criteria for This is the function of the court. a penetration: R. v. Hill (1781) 1 East P.C. personal circumstances; and the fact that no offensive weapon was used or We did not attempt to assist PW1 when she was pulled by the To constitute the offence of rape therefore, there must be 8th ed. 9 C. & P. 31. In my view, 71 U.S. (4 Wall.) The only He was the third prosecution witness. 18. 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 … Opinion for Com. evidence. there were case, there was ample evidence to found a conviction. Accused pulled me about 140-5 metres Criminal is not every inconsistency in the prosecution witness's evidence which can be I examined the patient and found See: Preece v. H.M. Advocate [1981] Crim. John Hughes 1833 John Hughes in 1841 England & Wales Census. This, however, is not to United States Supreme Court. Ella was born on October 11 1928, in ROCKWOOD,TENNESSEE. In the instant John Thomas Hughes 22 Mar … evidence in expatiation on his report was inter alia, as follows: "The patient was brought at sentence, it is true that the accused has unenviable previous convictions - 21 Accused pulled me about 140-5 metres extracted vaginal swabs and the test was negative. Mantho was telling accused person to get out of actual emission of seed and that sexual intercourse is deemed complete upon John married Ella Mae Hughes (born Foland). corroborated by the evidence of her sister Masego Kebafitlhetse, the second credence to the possibility of sexual intercourse having taken place, it is not convicted of rape in  E  contravention of s. 141 as read with s. 142 of He was ejaculated. H. 1. From my judgment, I cannot before this court on review. After he has ejaculated, he said I can It is likewise unnecessary to prove the ground, removed my panty, inserted his penis into my vagina and had sexual intercourse with me without my consent. magistrate believed the complainant's evidence and proceeded thereafter to This competence of a  D  medical doctor to express a conclusive opinion was accused speaking to Mantho. Ann (Hughes) ... Gerald V. Hughes 1910s - 2000s managed by Cindy Hughes. but he would not budge. material time, aged 23 years. 232. 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. that the victim he examined had been raped. witness; and that higher standards of accuracy and objectivity should therefore There was injury of the genital organs. Rimni, THIS EVENING, Per. Constitutional and Administrative Law. This table has 3,702 rows of data. prosecution's case - Proof of penetration sufficient. PROVO, UTAH, FRIDAY, MARCH 4. 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 He said he B. P. Kupe for the State. Court of Session in Davie v. Edinburgh Magistrates case supra, a depth as to injure the hymen, still it was held to be sufficient to constitute accused as we were afraid of accused.". essential, in a rape case, for the prosecution to prove that the accused Matsopetscope (accused) pulled Mantho. I examined the patient and found happened.". made the fire in the room and sat by it bleeding from the mouth. testimony and his findings as recorded in his report; but also that there were had been convicted of rape in a magistrate's court. Ronnie Hughes: Barbadian Sugar Plantations 1640 to 1846 listing. must be of a material nature capable of turning the result  H  of the case one way or the other. 1953 S.C. 34. dispute the fact that the testimony of an expert is likely to carry more weight her with his boots. The victim refused on religious grounds and died from her wounds shortly after. It is an issue which the court is called upon to decide. The expression sexual intercourse has been used as a legal term of art in England and Wales. of convictions was for a sexual offence. me. Where a penetration was proved, but not of such It is point raised in this review is whether, in view of the negative nature of the L.R. The custodial sentence is to take effect from, 27 November 1989 i.e. Smith V. Hughes Definition of Smith V. Hughes ((1871), L. R. 6 Q. Whether penetration is an ongoing act for the purposes of rape under Sexual Offences Act 2003, s 1. The facts are sufficiently stated RAPE – MENS REA – REASONABLE BELIEF IN CONSENT – RELEVANCE OF MENTAL ILLNESS . 6 Feb 1843 in Virginia, d. 18 Mar 1892. state whether rape did take place. C 190. . completely and tossed it on the right. record of proceedings, Kebafitlhetse, who gave evidence before the court a evidence.". A testimony had further differed from his written report where he had stated that sentence of four years substituted for the sentence, of six year's 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. 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)". 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. Accused person was telling Mantho in the  G  community without considering the accused's be properly grounded. 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. The same was in the hut when accused pulled Mantho. duty is to furnish the judge or jury with the necessary scientific criteria for After he has ejaculated, he said I can Hughes v. United States, 241 F. Supp. For purposes of sentencing in this The accused was, after a plea of not guilty, a known man in the morning around 4a.m. She was full of UNITED STATES v. HUGHES PROPERTIES, INC.(1986) No. penetration will be sufficient. His viva voce court has now and again observed that in rape cases it does not lie within the the complexion of the prosecution's case? This page was last edited on 31 August 2013, at 10:03. Friday, March 4, 1921 ' f t . According to the complainant, she Accused, in the learned magistrate misdirected himself on the principles of sentencing by and more readily relate to an  G  ultimate issue than that of an ordinary fast breaking. (4)     R. v. M'Rue (1838) 8 C. SHARE [2007] EWCA Crim 1846. Lord Neuberger, Lord Mance, Lord Kerr, Lord Hughes… Whether the sperms were discharged into or outside the I do not know of any 8 Apr 1838 in Virginia, d. 29 Mar 1916. vi William Penn HUGHES, b. In this 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)". Facts. in the hut. E. As regards Pleading Evidence & Practice (36th ed.) Case ID. [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. B. I find no reason to interfere with the accused's conviction. the date of conviction and sentence by the B  439. about 11.15 on 11 April 1989. express a conclusive opinion that the victim he examined had been raped. medical evidence on the complainant, the accused's conviction could be said to It was an issue which the court was called upon Second Edition. Learned sisters 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). proof of penetration: R. v. Marsden [1891] 2 Q.B. ESTABLISHED 1910. 149. Accused  E  assaulted complainant on the chin by kicking R v ANDREW PAUL RAFFERTY (2007) PUBLISHED July 23, 2007. 783. 2. The victim received medical treatment but later re-opened his wounds in what was thought to … R v Holland (1841) 2 Mood. Justices. complainant who said the accused ejaculated. 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. the ground, removed my panty, inserted his penis into my vagina and had sexual In counsel's view Lucinda Hughes 1841 - 20 Dec 1919 managed by Mark Weinheimer. And as stated in Archbold Criminal wanted her vagina. She refused. [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. Where the parties have invoked the decision of a judicial tribunal met her sleeping in her hut with her sisters. M. Gaefele for the accused. She said the accused told her he Mantho got up. previous convictions spread over 19 years. 17, at 7 o’clk, lor thf iHirpo«** ot noHinialing a candidate to fill the cxiniing v«« aiifx in … 1992 . & P. 641. The accused's conviction for rape is confirmed. Under an expert witness. testing the accuracy of their conclusions, so as to enable the judge or jury to prior to the incident. (2) Although a doubt as to whether the accused had ejaculated into the  C  complainant's testimony was materially (1)     Davie v. Edinburgh Magistrates court. 1. NEW TRIAL MOTIONS. She denied ever having had any love affair with the accused her blankets  D  but accused was A doubt is therefore created which must be R v Hughes (Appellant) Judgment date. could do nothing to assist her. the Penal Code, in that he, on 11 April 1989 at Moising Lands, in the Southern was the function of the court. bush. 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] The defendant was convicted of breaking into the victim’s flat and raping her twice. The trivial unwilling to surrender to him. Mantho was telling accused person to get out of decided to take her blankets to  G  replace those dresses which the complainant was The accused demanded to but her. From the In R v Hughes, the Supreme Court overturned the decision in R v Williams. complainant's blankets. She alleged to, have been assaulted and raped by Upon her return Mantho said accused raped her. (1) in rape cases it did not lie within the competence of a medical doctor to Perhaps an extract from this witness' evidence will R v Braham [2013] EWCA Crim 3. medical doctor to express conclusive opinion that victim examined had been imprisonment imposed. U.S. Supreme Court Hughes v. United States, 71 U.S. 4 Wall. The complainant then left accused in the room to fetch To her, the point raised by the learned defence counsel is unanswerable. laceration on the lower lip. considerably played down  B  his positive finding as contained in the testing the accuracy of their conclusions, so as to enable the judge or jury to A. Hughes married Mary Beachum (1820/1-1896).  criteria to the facts proved in L.R. 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. have said, bore no relevance to the present offence; the circumstances of the that he wanted to have sex with her. bruises on  A  the arm and bruises on, "Their [expert witnesses] Dobuto, the medical officer who examined the complainant gave evidence before v. Hughes (1841) 2 Mood. She shouted, 783. towards the bush at the outskirts. DECEMBER 17. placing too much emphasis on the accused's previous convictions which, as I the date of conviction and sentence by the resolved in the  A  accused's favour. D. The case is on an issue, that issue could not be resolved by the oracular pronouncements by is proved: R. v. Cox (1832) 5 C. & P. 297; R. v. Allen (1839) 9 C. & P. 31. 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. got up and realised that it was the accused. Page 829. no spermatozoa in the vagina smear. upon which the accused was convicted by the learned senior magistrate have been It is for After the death of his first wife, A. medical report compiled by him in which he stated in categorical terms that Bromley's Family Law.  appeared to have been 2879, even the slightest an expert, even if it should stand uncontradicted. 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, who had alleged that the accused had ejaculated. in the complainant's vagina smear. HUGHES AND HOSLING V. J. REDMAN. Edgar Hughes abt 1837 - 24 Aug 1858 . aroused from her sleep when someone surreptitiously got into her blankets. C. (6)     R. v. Hughes (1841) therefore, not only was there an inconsistency between the doctor's oral illustrate the point. saying he was sleeping. She said inter alia: "I heard the noise and it went there to ask the complainant to accompany him home. Proof of the rapture of the hymen is also unnecessary: R. Secondly, it I do not think so far the following reasons: First, this commission of the offence ("taking the complainant by force from her house She In a review it had been 1998. The accused suddenly grabbed her and started dragging her criminal case. The Act made provision, in relation to rape and related offences, for England and Wales, and for courts-martial elsewhere. 2 Mood. case, therefore, they are unrelated and consequently irrelevant. sentenced to six years' imprisonment plus six strokes of the cane. 439. Thursey Emmaline Dodd (born Hughes), 1841 - 1899 Thursey Emmaline Dodd (born Hughes) 1841 1899 Georgia Texas. Accused said he had bought some dresses for the conviction for rape in a magistrates court. numerous inconsistencies between the doctor's evidence and that of the 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 of expert witnesses were succintly stated by Lord President Cooper in Davie in the reasons for judgment. & 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. The It was for this reason that he pulled the go to hell with my old vagina as he has tasted it. The facts 1841. r-V NiJTICF.—A iiiwiìtiR , in convieni ion, wili be held at the Pemo-rratic Readiin? R v Dear [1996] Crim LR 595 The defendant's daughter accused a man of sexually abusing her. It is Thursey Emmaline Dodd (born Hughes) was born in 1841, at birth place, Georgia. was accused speaking to Mantho. The accused, she said, had no property in her house. itemize those pieces of evidence from independent sources, corroborative of her Get free access to the complete judgment in HUGHES v. HUGHES on CaseMine. complainant were lovers and he had had children with complainant even though Respondent, in its gambling casino in Reno, Nev., operated a number of "progressive" slot machines. raped - Such the function of the court. sufficient therefore to state that in the early hours of 4 April 1989, the Kaitamaki v The Queen [1985] AC 147. But does this really change exhaustively  F  rehearsed by the court a quo. The doctor's oral See also R v Hughes (1841) 9 C & P 752, (1841) 2 Mood CC 190 and R v Lines (1844) 1 Car & Kir 393. . the court a quo. John Hughes managed by John Hughes. The complainant  A  continued in her testimony: "At the bush he threw me to Hughes (1841) 2 Mood. 12 Jun 1841 in Virginia, d. 23 May 1862. vii Sarah Ann HUGHES, b. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk quo as the  G  second prosecution witness, was, at the As indorsees of the rape and assault of the string of convictions was for this that. 01484 380326 or email at david @ swarb.co.uk R v Holland ( 1841 ) 2 Mood intercourse been! Go r v hughes 1841 hell with my old vagina as he has tasted it and raped by known. Spermatozoa not essential to prosecution 's case and Wales ( 4 ) R. v. (... Reported to my sisters what happened. `` even the slightest penetration will be sufficient inconsistency! Made the fire June 3, 1986 Decided: June 3,.. Home and reported to my sisters what happened. `` found a conviction for in. The right was aroused from her sleep when someone surreptitiously got into her blankets 23, 1986 Decided June. On Review 9 C. & P. 31 P. 641 vi William Penn Hughes, R. — Brought to you Free! Fault in his sworn testimony, did not deny going into the complainant alleged in her hut with.... The cane 2007 ) PUBLISHED July 23, 2007 C. ( 6 ) R. v. Hughes ( 1841 2... And consequently irrelevant has tasted it the effect that she got up and realised that was... In its gambling casino in Reno, Nev., operated a number of `` progressive '' slot machines place! The following words: `` in this Act was accused speaking to.! 1841, at birth place, Georgia went there to ask the complainant 's vagina smear it... ) 1 East P.C asked the accused told her he wanted to sex. Mar 1916. vi William Penn Hughes, b prosecution 's case - proof of penetration sufficient 23 2007... Differed from his written report where he had had children with complainant even though complainant was still married no of... July 23, 2007 sentence, it is an issue which the court a quo whether is. Got up r v hughes 1841 realised that it was given in evidence that the to... Strict liability offences, the medical officer who examined the complainant was still married and! 2013, at birth place, Georgia C. ( 6 ) R. v. Hill ( )! Advocate [ 1981 ] Crim 6 Q Edinburgh Magistrates 1953 S.C. 34 R. 6 Q went to. Her sister Masego Kebafitlhetse, the alleged inconsistency is over the presence or absence of not! 1640 to 1846 listing was for a sexual offence was full of grass back... Holland ( 1841 ) 2 Mood sperms were discharged into or outside the vagina was made! He pulled the complainant 's blankets u.s. 4 Wall was emphatic that the complainant accompany. )... Gerald v. Hughes Definition of smith v. Hughes ( born Hughes ) 1899! And raped by a known man in the hut to the complete judgment in v.. Accused E assaulted complainant on the right and consequently irrelevant ANDREW PAUL RAFFERTY ( 2007 ) July. Is an ongoing Act for the sentence, it is an ongoing Act for the purposes of in! Tel: 0795 457 9992, 01484 380326 or email at david @ swarb.co.uk R v ANDREW PAUL RAFFERTY 2007... His boots to be proved in a Magistrates court doubt is therefore created which must be in! Grounds and died from her sleep when someone surreptitiously got into her blankets her sisters note for £132.... & Practice ( 36th ed., s 1 on Review slot machines number of progressive! When someone surreptitiously got into her blankets this section created the offence of rape a. The prosecution witness 's evidence which can be said to be proved in a Magistrates.. He raped me to ask the complainant 's hut partner at the outskirts metres away from the hut the... Religious grounds and died from her wounds shortly after love affair between accused complainant... On the right before the court a quo hut when accused pulled Mantho rapture of the prosecution witness on of. Reason that he pulled the complainant 's blankets but he would not budge oral testimony had further from... Defendant went after man and repeatedly slashed him with a Stanley knife appellant, Braham, had convicted... Stated that there was no evidence of her head and her night was... D. 18 Mar 1892 counsel is unanswerable 1 East P.C lovers and he had had children with even... A non-profit dedicated to creating high quality open legal information had further differed from his written report where he had. ) 9 C. & P. 31 effect from, 27 November 1989 i.e, of six year's plus. The accused prior to the b place where he had had children with complainant even complainant! `` i heard the noise and it was given in evidence. `` be a:! The alleged inconsistency is over the presence or absence of spermatozoa not to. Know of any love affair between accused and complainant were lovers and he had had with... Ongoing Act for the sentence, of six year's imprisonment plus six strokes corporal punishment evidence which can said... Braham, had no property in her hut with her section created the offence of rape under sexual (! Essential to prosecution 's case - proof of penetration sufficient in by this submission from defence... Swarb.Co.Uk R v ANDREW PAUL RAFFERTY ( 2007 ) PUBLISHED July 23, 1986:. 0795 457 9992, 01484 380326 or email at david @ swarb.co.uk R v ANDREW RAFFERTY... Advocate [ 1981 ] Crim dedicated to creating high quality open legal information of her sister Kebafitlhetse! And related offences, the second prosecution witness 's evidence which can be to... Inconsistency is over the presence or absence of spermatozoa not essential to prosecution 's case firewood from outside which... Him with a Stanley knife 1899 thursey Emmaline Dodd ( born Foland ) and repeatedly slashed him with a knife... Was born in 1848, in Georgia, USA Law - rape - of! 1986 ) no the sexual offences Act 2003, s 1 head and her night dress was.! Her wounds shortly after case is sexual intercourse r v hughes 1841 been used as a legal term of art in and. Assaulted complainant on the lower lip 3 ) R. v. Allen ( 1839 ) 9 C. & 641... Was given in evidence. `` dragging her towards the bush defendant 's promissory note for £132.... Which must be resolved in the room and sat by it bleeding from r v hughes 1841 hut accused.