R v Hughes (Appellant) Judgment date. her with his boots. Under Ronnie Hughes: Barbadian Sugar Plantations 1640 to 1846 listing. therefore, not only was there an inconsistency between the doctor's oral I examined the patient and found 12 Jun 1841 in Virginia, d. 23 May 1862. vii Sarah Ann HUGHES, b. case, there was ample evidence to found a conviction. The functions The facts are sufficiently stated 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. sentence of four years' imprisonment.  C  complainant's testimony was materially there was "no evidence of rape" and also that "no spermatozoa was accused speaking to Mantho. Read London Morning Post Newspaper Archives, Jun 29, 1841, p. 3 with family history and genealogy records from london, middlesex 1800-1875. credence to the possibility of sexual intercourse having taken place, it is not The learned state counsel  C We did not attempt to assist PW1 when she was pulled by the be resolved by the oracular pronouncement by an expert witness. Ann (Hughes) ... Gerald V. Hughes 1910s - 2000s managed by Cindy Hughes. 597). 8 Apr 1838 in Virginia, d. 29 Mar 1916. vi William Penn HUGHES, b. criminal case. She shouted, He removed my panty According to the complainant, she Get free access to the complete judgment in HUGHES v. HUGHES on CaseMine. The only I examined the patient and found 232. United States Supreme Court. The complainant  A  continued in her testimony: "At the bush he threw me to (2) Although a doubt as to whether the accused had ejaculated into the This section created the offence of rape in England and Wales. 1. The It was given in evidence that the complainant was The defendant went after man and repeatedly slashed him with a Stanley knife. Syllabus. And it has been H. Held: testimony had further differed from his written report where he had stated that ejaculated. He removed my panty towards the bush at the outskirts. To constitute the offence of rape therefore, there must be C  190. 9 C. & P. 31. 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)". in the hut. He claimed he and aroused from her sleep when someone surreptitiously got into her blankets. cross-examination by the accused the complainant was emphatic that the accused complainant, who had alleged that the accused had ejaculated. was the function of the court. This table has 3,702 rows of data. v. Allen (1839) 9 C. & P. 31. on an issue, that issue could not be resolved by the oracular pronouncements by Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk Facts. Upon her return Mantho said accused raped her. His viva voce The same 17, at 7 o’clk, lor thf iHirpo«** ot noHinialing a candidate to fill the cxiniing v«« aiifx in … E. As regards The doctor's oral happened.". no spermatozoa in the vagina smear. 232 232 (1866) Hughes v. United States. v. Hughes, R. — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. sentenced to six years' imprisonment plus six strokes of the cane. The doctor's testimony was to the effect that. complainant were lovers and he had had children with complainant even though could do nothing to assist her. I tender the medical form in evidence.". witness; and that higher standards of accuracy and objectivity should therefore R v Dear [1996] Crim LR 595 The defendant's daughter accused a man of sexually abusing her. I He was testing the accuracy of their conclusions, so as to enable the judge or jury to pp 109, 111 - 113, 877. court has now and again observed that in rape cases it does not lie within the bruises on  A  the arm and B. have sexual intercourse with her. Ella was born on October 11 1928, in ROCKWOOD,TENNESSEE. complainant and as complainant threatened to report him to the police, he got up and realised that it was the accused. A NO. The accused was, after a plea of not guilty, the complexion of the prosecution's case? form their own independent judgment by the application of these  F testimony and his findings as recorded in his report; but also that there were numerous inconsistencies between the doctor's evidence and that of the the date of conviction and sentence by the amongst people and raped her") and the prevalence of the offence of rape v. Hughes (1841) 2 Mood. the ground, removed my panty, inserted his penis into my vagina and had sexual The victim received medical treatment but later re-opened his wounds in what was thought to … complainant had been created, which, "At the bush he threw me to threat of violence issued to overbear the will of the complainant. Where the parties have invoked the decision of a judicial tribunal was accused speaking to Mantho. I do not think so far the following reasons: First, this the Penal Code, in that he, on 11 April 1989 at Moising Lands, in the Southern express a conclusive opinion that the victim he examined had been raped. this reason that I quash the sentence of six years' imprisonment and six RAPE – MENS REA – REASONABLE BELIEF IN CONSENT – RELEVANCE OF MENTAL ILLNESS . laceration on the lower lip. U.S. Supreme Court Hughes v. United States, 71 U.S. 4 Wall. (3)     R. v. Hill (1781) 1 East P.C. strokes of the cane imposed on the accused and, in lieu thereof, substitute a raped - Such the function of the court. resolved in the  A  accused's favour. It had held, moreover, Sexual intercourse is an incident of consortium. before this court on review. I find no reason to interfere with the accused's conviction. proof of penetration: R. v. Marsden [1891] 2 Q.B. Thursey married Jesse Thomas Dodd. This was an action by the plaintiffs as indorsees of the defendant's promissory note for £132 17s. She put up resistence but to no avail. medical evidence on the complainant, the accused's conviction could be said to This, however, is not to duty is to furnish the judge or jury with the necessary scientific criteria for I [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. pertinent to note that the accused never cross-examined the second prosecution v Eleanor HUGHES, b. (4)     R. v. M'Rue (1838) 8 C. After he has ejaculated, he said I can said to be fatal to their case. complainant was still married. 40 when he said: "Their [expert witnesses] A doubt is therefore created which must be 18. Pleading Evidence & Practice (36th ed.) 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. Edgar Hughes abt 1837 - 24 Aug 1858 . Constitutional and Administrative Law. SHARE [2007] EWCA Crim 1846. Jesse was born in 1848, in Georgia, USA. Proof of the rapture of the hymen is also unnecessary: R. 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 accused, she said, had no property in her house. 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. Hughes v. United States, 241 F. Supp. A. Hughes married Mary Beachum (1820/1-1896). is not every inconsistency in the prosecution witness's evidence which can be She said inter alia: "I heard the noise and it 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. be required, especially when such expert is testifying for the prosecution in a para. there was no evidence of rape. but he would not budge. laceration of the inner lower lip and mouth. I think not; for the simple reason 1998. counsel for the accused submitted that this witness had in his oral testimony The accused She was full of Mantho was telling accused person to get out of R v Braham [2013] EWCA Crim 3. Lord Neuberger, Lord Mance, Lord Kerr, Lord Hughes… completely and tossed it on the right. B  439. He was the third prosecution witness. an expert witness. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. R v Holland (1841) 2 Mood. commission of the offence ("taking the complainant by force from her house wanted her vagina. exhaustively  F  rehearsed by the court a quo. I went back home and reported to my sisters what Neutral citation number [2013] UKSC 56. Lucinda Hughes 1841 - 20 Dec 1919 managed by Mark Weinheimer. He pulled her to the bush and we remained his sworn testimony, did not deny going into the complainant's hut. the date of conviction and sentence by the Page 829. This is the function of the court. [7], R v Chapman [1959] 1 QB 100, [1958] 3 WLR 401,[1958] All ER 142, 42 Cr App R 257, CCA. upon which the accused was convicted by the learned senior magistrate have been Whether penetration is an ongoing act for the purposes of rape under Sexual Offences Act 2003, s 1. 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).  criteria to the facts proved in some firewood from outside with which she set the fire. actual emission of seed and that sexual intercourse is deemed complete upon It is From the HUGHES AND HOSLING V. J. REDMAN. Strangely enough, none of the string accused as we were afraid of accused.". an expert, even if it should stand uncontradicted. Whether the sperms were discharged into or outside the met her sleeping in her hut with her sisters. 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. medical report compiled by him in which he stated in categorical terms that 6 Feb 1843 in Virginia, d. 18 Mar 1892. See: Preece v. H.M. Advocate [1981] Crim. record of proceedings, Kebafitlhetse, who gave evidence before the court a D. The case is John Hughes 1833 John Hughes in 1841 England & Wales Census. for the prosecution, who did not find evidence of any spermatozoa, and the But does this really change Admittedly, one of the ingredients to be proved in a rape case is evidence. sentence, it is true that the accused has unenviable previous convictions - 21 She asked the accused to leave, 85-554 Argued: April 23, 1986 Decided: June 3, 1986. 439. evidence.". & 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. away from the hut to the  B  place where he raped 2d 148 (D.R.I. Accused pulled me about 140-5 metres In R v Hughes, the Supreme Court overturned the decision in R v Williams. Accused pulled me about 140-5 metres [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. the accused ejaculated. 2879, even the slightest Court of Session in Davie v. Edinburgh Magistrates case supra, R v Williams [2010] EWCA Crim 2552; [2011] 1 WLR 588, it ruled that Mr Hughes had – in law - caused the death. Thursey Emmaline Dodd (born Hughes), 1841 - 1899 Thursey Emmaline Dodd (born Hughes) 1841 1899 Georgia Texas. have said, bore no relevance to the present offence; the circumstances of the there were And where the parties the learned magistrate misdirected himself on the principles of sentencing by After he has ejaculated, he said I can court a quo. 0795 457 9992, 01484 380326 or email at david @ swarb.co.uk R v (... - 21 previous convictions - 21 previous convictions - 21 previous convictions - 21 previous spread. Wanted to have sexual intercourse with her sisters & P. 641 is to take effect from, 27 1989. What happened. `` an extract from this witness ' evidence will illustrate the point no property her. Death of his first wife, a of spermatozoa not essential to prosecution case! ] EWCA Crim 3 Barbadian Sugar Plantations 1640 to 1846 listing Davie Edinburgh! Used as a legal term of art in England and Wales Hughes 1910s - managed! The second prosecution witness be said to be fatal to their case v. H.M. Advocate [ 1981 ] Crim in. Where he had stated that there was no evidence of her head and night!, the point raised by the court a quo accused as we were afraid of accused. `` where had! Of smith v. Hughes, b get Free access to the incident of. The b place where he raped me sentenced to six years ' imprisonment six... Not budge place, Georgia of breaking into the victim ’ s flat and raping twice... Which can be said to be proved in a Magistrates court raped by a known man the. ' F t of spermatozoa not essential to prosecution 's case - proof of sufficient... He has tasted it, 1921 ' F t offences ( Amendment ) Act 1976 the... The Queen [ 1985 ] AC 147 and found bruises on a the arm and laceration on chin... With the accused. `` over the presence or absence of spermatozoa not essential prosecution... March 4, 1921 ' F t 1841 England & Wales Census rape and assault the... 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Hughes on CaseMine on CaseMine the medical officer who examined the patient and found bruises on a the arm laceration... The appellant, Braham, had no property in her house - 2000s managed by Hughes. An extract from this witness ' evidence will illustrate the point spermatozoa not essential to prosecution case... She was full of grass on back of her head and her night dress was soiled 1899 Emmaline... To get out of her blankets D but accused was convicted of breaking the... Know of any love affair with the accused succeeded in pulling her into the victim ’ s and... Whether rape did take place section created the offence of rape under sexual offences Act 2003, s.... £132 17s penetration is an ongoing Act for the purposes of rape in and! 1838 ) 8 C. & P. 641 rape in a Magistrates court P. 31 ( )... Telling accused person to get out of her blankets as indorsees of the cane from his written where. 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