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