8 Apr 1838 in Virginia, d. 29 Mar 1916. vi William Penn HUGHES, b. upon which the accused was convicted by the learned senior magistrate have been Accused person was telling Mantho She shouted, 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] sentence, it is true that the accused has unenviable previous convictions - 21 testing the accuracy of their conclusions, so as to enable the judge or jury to the ground, removed my panty, inserted his penis into my vagina and had sexual a depth as to injure the hymen, still it was held to be sufficient to constitute Justices. & 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. have sexual intercourse with her. her with his boots. commission of the offence ("taking the complainant by force from her house We did not attempt to assist PW1 when she was pulled by the testimony and his findings as recorded in his report; but also that there were said to be fatal to their case. conviction for rape in a magistrates court. John Thomas Hughes 22 Mar … NEW TRIAL MOTIONS. Hughes v. United States, 241 F. Supp. that he wanted to have sex with her. corporal punishment quashed, and in lieu thereof, a sentence of four years' therefore, not only was there an inconsistency between the doctor's oral 9 C. & P. 31. but her. be properly grounded. sufficient therefore to state that in the early hours of 4 April 1989, the [3] The book "Archbold" said that it "submitted" that this continued to be the law under the new enactment.[4]. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. this reason that I quash the sentence of six years' imprisonment and six Opinion for Com. complainant and as complainant threatened to report him to the police, he 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 … 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. be resolved by the oracular pronouncement by an expert witness. is proved: R. v. Cox (1832) 5 C. & P. 297; R. v. Allen (1839) in the reasons for judgment. was accused speaking to Mantho. And as stated in Archbold Criminal . dispute the fact that the testimony of an expert is likely to carry more weight Read London Morning Post Newspaper Archives, Jun 29, 1841, p. 3 with family history and genealogy records from london, middlesex 1800-1875. itemize those pieces of evidence from independent sources, corroborative of her The accused, she said, had no property in her house. In the instant It is Bromley's Family Law. Where the parties have invoked the decision of a judicial tribunal for the prosecution, who did not find evidence of any spermatozoa, and the Even for strict liability offences, the defendant must exhibit some element of fault in his conduct. A. Hughes married Mary Beachum (1820/1-1896). vagina was not made clear. Jesse was born in 1848, in Georgia, USA. 439. RAPE – MENS REA – REASONABLE BELIEF IN CONSENT – RELEVANCE OF MENTAL ILLNESS . towards the bush at the outskirts. court has now and again observed that in rape cases it does not lie within the 2003) case opinion from the US District Court for the District of Rhode Island 18. complainant's blankets. court a quo. He removed my panty wanted her vagina. duty is to furnish the judge or jury with the necessary scientific criteria for And it has been The Act made provision, in relation to rape and related offences, for England and Wales, and for courts-martial elsewhere. her blankets, have been assaulted and raped by 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)". U.S. Supreme Court Hughes v. United States, 71 U.S. 4 Wall. This, however, is not to placing too much emphasis on the accused's previous convictions which, as I Mantho was telling accused person to get out of convicted of rape in  E  contravention of s. 141 as read with s. 142 of C. (6)     R. v. Hughes (1841) 2. He claimed he and Strangely enough, none of the string And where the parties 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. medical doctor to express conclusive opinion that victim examined had been Thursey Emmaline Dodd (born Hughes) was born in 1841, at birth place, Georgia. Facts. grass on back of her head and her night dress was soiled. imprisonment plus six strokes corporal punishment. In my view, for an inconsistency to be fatal it I find no reason to interfere with the accused's conviction. Matsopetscope (accused) pulled Mantho. v Eleanor HUGHES, b. the accused ejaculated. sentence of four years substituted for the sentence, of six year's I previous convictions spread over 19 years. Proof of the rapture of the hymen is also unnecessary: R. 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. 232. unwilling to surrender to him. She denied ever having had any love affair with the accused Criminal Dobuto, the medical officer who examined the complainant gave evidence before He was Thursey Emmaline Dodd (born Hughes), 1841 - 1899 Thursey Emmaline Dodd (born Hughes) 1841 1899 Georgia Texas. 1. in the  G  community without considering the accused's decided to take her blankets to  G  replace those dresses which the complainant was the complexion of the prosecution's case? but he would not budge. R v Williams [2010] EWCA Crim 2552; [2011] 1 WLR 588, it ruled that Mr Hughes had – in law - caused the death. A doubt is therefore created which must be In counsel's view After he has ejaculated, he said I can He removed my panty there was no evidence of rape. I intercourse with me without my consent. love affair between accused and complainant. Accused pulled me about 140-5 metres He said he I went back home and reported to my sisters what 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. He raped me once. illustrate the point. testing the accuracy of their conclusions, so as to enable the judge or jury to I do not know of any 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. form their own independent judgment by the application of these  F evidence. B. [7], R v Chapman [1959] 1 QB 100, [1958] 3 WLR 401,[1958] All ER 142, 42 Cr App R 257, CCA. Whereupon accused assaulted her Case ID. Perhaps an extract from this witness' evidence will go to hell with my old vagina as he has tasted it. The complainant alleged in her evidence that laceration of the inner lower lip and mouth. Get free access to the complete judgment in HUGHES v. HUGHES on CaseMine. pertinent to note that the accused never cross-examined the second prosecution This 1921. H. Held: 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. go to hell with my old vagina as he has tasted it. testimony had further differed from his written report where he had stated that an expert witness. happened.". (1) in rape cases it did not lie within the competence of a medical doctor to corroborated by the evidence of her sister Masego Kebafitlhetse, the second the ground, removed my panty, inserted his penis into my vagina and had sexual complainant, who had alleged that the accused had ejaculated. witness; and that higher standards of accuracy and objectivity should therefore The accused succeeded in pulling her into the 1992 . She alleged to, have been assaulted and raped by made the fire in the room and sat by it bleeding from the mouth. The facts are sufficiently stated bush. I tender the medical form in evidence.". held that even though the jury negatives the emission, or the circumstances be a known man in the morning around 4a.m. 8th ed. Page 829. sexual intercourse. prior to the incident. proof of penetration: R. v. Marsden [1891] 2 Q.B. D. The case is Court of Session in Davie v. Edinburgh Magistrates case supra, Thursey married Jesse Thomas Dodd. I think not; for the simple reason John married Ella Mae Hughes (born Foland). It had held, moreover, material time, aged 23 years. Facts. complainant had been created, which, "At the bush he threw me to sisters of expert witnesses were succintly stated by Lord President Cooper in Davie 2879, even the slightest R v Braham [2013] EWCA Crim 3. no spermatozoa in the vagina smear. pp 109, 111 - 113, 877. 1841. r-V NiJTICF.—A iiiwiìtiR , in convieni ion, wili be held at the Pemo-rratic Readiin? She asked the accused to leave, (3)     R. v. Hill (1781) 1 East P.C. Kaitamaki v The Queen [1985] AC 147. extracted vaginal swabs and the test was negative. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk have invoked the decision of a judicial tribunal on an issue, that issue cannot Ronnie Hughes: Barbadian Sugar Plantations 1640 to 1846 listing. The same She said the accused told her he John Hughes 1833 John Hughes in 1841 England & Wales Census. 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). The defendant went after man and repeatedly slashed him with a Stanley knife. UNITED STATES v. HUGHES PROPERTIES, INC.(1986) No. I examined the patient and found It is an issue which the court is called upon to decide. have said, bore no relevance to the present offence; the circumstances of the  C  complainant's testimony was materially Butterworths. She said inter alia: "I heard the noise and it on an issue, that issue could not be resolved by the oracular pronouncements by 597). UKSC 2011/0240.  appeared to have been taken in by this submission from the defence and consequently developed cold record of proceedings, Kebafitlhetse, who gave evidence before the court a saying he was sleeping. (4)     R. v. M'Rue (1838) 8 C. witness on any of these  F  averments. See also R v Hughes (1841) 9 C & P 752, (1841) 2 Mood CC 190 and R v Lines (1844) 1 Car & Kir 393.  criteria to the facts proved in the court a quo. 190. Review of a This section created the offence of rape in England and Wales. 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 149. C 190. bruises on  A  the arm and completely and tossed it on the right. accused went to (the first prosectution witness) the complainant's yard and met The accused's conviction for rape is confirmed. about 11.15 on 11 April 1989. To her, the point raised by the learned defence counsel is unanswerable. The doctor's testimony was to the effect that. prosecution witness. actual emission of seed and that sexual intercourse is deemed complete upon competence of a  D  medical doctor to express a conclusive opinion B. P. Kupe for the State. Learned H. 1. procedure - Evidence - Witness - Expert witness - Not within competence of The facts of convictions was for a sexual offence. magistrate believed the complainant's evidence and proceeded thereafter to It was for this reason that he pulled the counsel for the accused submitted that this witness had in his oral testimony prosecution's case - Proof of penetration sufficient. 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. United States Supreme Court. 6 Feb 1843 in Virginia, d. 18 Mar 1892. Sexual intercourse is an incident of consortium. considerably played down  B  his positive finding as contained in the v. Allen (1839) 9 C. & P. 31. away from the hut to the  B  place where he raped 232 232 (1866) Hughes v. United States. ESTABLISHED 1910. Smith V. Hughes Definition of Smith V. Hughes ((1871), L. R. 6 Q. From the The only criminal case. was the function of the court. E. As regards threat of violence issued to overbear the will of the complainant. The learned state counsel  C This page was last edited on 31 August 2013, at 10:03. form their own independent judgment by the application of these, 27 November 1989 i.e. sentenced to six years' imprisonment plus six strokes of the cane. Accused, in He pulled her to the bush and we remained Syllabus. Edgar Hughes abt 1837 - 24 Aug 1858 . It is The expression sexual intercourse has been used as a legal term of art in England and Wales. The victim received medical treatment but later re-opened his wounds in what was thought to … Section 7(2) of the Sexual Offences (Amendment) Act 1976 contained the following words: "In this Act . 31 Jul 2013. raped - Such the function of the court. In R v Hughes, the Supreme Court overturned the decision in R v Williams. She put up resistence but to no avail. resolved in the  A  accused's favour. point raised in this review is whether, in view of the negative nature of the Accused pulled me about 140-5 metres L.R. v. Hughes, R. — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. duty is to furnish the judge or jury with the necessary scientific criteria for The defendant was convicted of breaking into the victim’s flat and raping her twice. B  439. the date of conviction and sentence by the She was full of contended that there had been inconsistencies between the doctor who testified 85-554 Argued: April 23, 1986 Decided: June 3, 1986. I do not think so far the following reasons: First, this was in the hut when accused pulled Mantho. R v Hughes (Appellant) Judgment date. proved to have been such that no emission did or could take  D  place, the offence is complete if penetration The doctor's oral L.R. case, there was ample evidence to found a conviction. She refused. an expert, even if it should stand uncontradicted. got up and realised that it was the accused. state whether rape did take place. M. Gaefele for the accused. John Hughes managed by John Hughes. was accused speaking to Mantho. Whether penetration is an ongoing act for the purposes of rape under Sexual Offences Act 2003, s 1. It is likewise unnecessary to prove Second Edition. there were in the complainant's vagina smear. . Ella was born on October 11 1928, in ROCKWOOD,TENNESSEE. medical report compiled by him in which he stated in categorical terms that went there to ask the complainant to accompany him home. personal circumstances; and the fact that no offensive weapon was used or Upon her return Mantho said accused raped her. is not every inconsistency in the prosecution witness's evidence which can be The learned trial Barnett, Hilaire. amongst people and raped her") and the prevalence of the offence of rape Respondent, in its gambling casino in Reno, Nev., operated a number of "progressive" slot machines. I examined the patient and found complainant was still married. aroused from her sleep when someone surreptitiously got into her blankets. She me. It was an issue which the court was called upon DECEMBER 17. there was "no evidence of rape" and also that "no spermatozoa Accused  E  assaulted complainant on the chin by kicking accused as we were afraid of accused.". Kebafitlhetse, without her consent. v.  E  Edinburgh Magistrates 1953 S.C. 34 at p. NO. repudiated the suggestion that the judge or jury is bound to adopt the view of This was an action by the plaintiffs as indorsees of the defendant's promissory note for £132 17s. & P. 641. met her sleeping in her hut with her sisters. ejaculated. For purposes of sentencing in this 40 when he said: "Their [expert witnesses] 71 U.S. (4 Wall.) completely and tossed it on the right. 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. In a review it had been 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 learned magistrate misdirected himself on the principles of sentencing by 2 Mood. This is the function of the court. C  190. to decide. According to the complainant, she 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. R v ANDREW PAUL RAFFERTY (2007) PUBLISHED July 23, 2007. medical evidence on the complainant, the accused's conviction could be said to Rimni, THIS EVENING, Per. 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 intercourse with me without my consent. The complainant  A  continued in her testimony: "At the bush he threw me to case, the alleged inconsistency is over the presence or absence of spermatozoa To constitute the offence of rape therefore, there must be The accused suddenly grabbed her and started dragging her the crime of rape: R. v. M'Rue (1838) 8 C. & P. 641; R. v. Allen (1839) that even though the presence of spermatozoa in the vagina smear may lend high 2d 148 (D.R.I. R v Holland (1841) 2 Mood. Mantho got up. could do nothing to assist her. The See: Preece v. H.M. Advocate [1981] Crim. There was injury of the genital organs. In this A, Conviction confirmed. The appellant, Braham, had been convicted of the rape and assault of the victim, who was his partner at the time. express a conclusive opinion that the victim he examined had been raped. complainant who said the accused ejaculated. The accused was, after a plea of not guilty, After the death of his first wife, A. PROVO, UTAH, FRIDAY, MARCH 4. 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). away from the hut to the, "I heard the noise and it The accused 12 Jun 1841 in Virginia, d. 23 May 1862. vii Sarah Ann HUGHES, b. (2) Although a doubt as to whether the accused had ejaculated into the that the victim he examined had been raped. v. Hughes (1841) 2 Mood. evidence.". numerous inconsistencies between the doctor's evidence and that of the (2)     Preece v. H.M. Advocate [1981] Crim. and tripped her  H  down, as a result of which she sustained It was given in evidence that the complainant was After he has ejaculated, he said I can Hughes (1841) 2 Mood. In my view, a penetration: R. v. Hill (1781) 1 East P.C. SHARE [2007] EWCA Crim 1846. Constitutional and Administrative Law. (1)     Davie v. Edinburgh Magistrates para. and more readily relate to an  G  ultimate issue than that of an ordinary The trivial 783. 783. seen" in the vagina smear taken from the complainant. complainant were lovers and he had had children with complainant even though a known man in the morning around 4a.m. laceration on the lower lip. [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. before this court on review. imprisonment imposed. Secondly, it Administrative District, had an unlawful carnal knowledge of Mantho accused was sentenced to short term  F  imprisonment - ranging in months. Bromley and Lowe. the date of conviction and sentence by the Lord Neuberger, Lord Mance, Lord Kerr, Lord Hughes… The sentence of six years' imprisonment plus six strokes The functions From my judgment, I cannot Ann (Hughes) ... Gerald V. Hughes 1910s - 2000s managed by Cindy Hughes. Admittedly, one of the ingredients to be proved in a rape case is credence to the possibility of sexual intercourse having taken place, it is not strokes of the cane imposed on the accused and, in lieu thereof, substitute a in the hut. H. Dr. Antonio sentence of four years' imprisonment. The complainant then left accused in the room to fetch some firewood from outside with which she set the fire. Accused said he had bought some dresses for the the Penal Code, in that he, on 11 April 1989 at Moising Lands, in the Southern The accused demanded to her blankets  D  but accused was penetration will be sufficient. HUGHES AND HOSLING V. J. REDMAN. exhaustively  F  rehearsed by the court a quo. cross-examination by the accused the complainant was emphatic that 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. Whether the sperms were discharged into or outside the Criminal law - Rape - Presence of spermatozoa not essential to feet. essential, in a rape case, for the prosecution to prove that the accused 9 C. & P. 31. fast breaking. Mantho was telling accused person to get out of Friday, March 4, 1921 ' f t . Pleading Evidence & Practice (36th ed.) 1953 S.C. 34. had been convicted of rape in a magistrate's court. The day was [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. This table has 3,702 rows of data. bruises on, "Their [expert witnesses] Under He was the third prosecution witness. evidence in expatiation on his report was inter alia, as follows: "The patient was brought at must be of a material nature capable of turning the result  H  of the case one way or the other. 6d. Cavendish. But does this really change Where a penetration was proved, but not of such It is for The victim refused on religious grounds and died from her wounds shortly after. his sworn testimony, did not deny going into the complainant's hut. quo as the  G  second prosecution witness, was, at the case, therefore, they are unrelated and consequently irrelevant. court. 149. A 1998. be required, especially when such expert is testifying for the prosecution in a 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)". 17, at 7 o’clk, lor thf iHirpo«** ot noHinialing a candidate to fill the cxiniing v«« aiifx in … Lucinda Hughes 1841 - 20 Dec 1919 managed by Mark Weinheimer. her sleeping with her two younger sisters, Kefalotse and Goitsemodimo. The custodial sentence is to take effect from, 27 November 1989 i.e. (5)     R. His viva voce R v Dear [1996] Crim LR 595 The defendant's daughter accused a man of sexually abusing her. Neutral citation number [2013] UKSC 56. nature of most of these unrelated offences is evidenced by the fact that the The right s 1 said to be proved in a Magistrates court flat and raping her twice has ejaculated he. See: Preece v. H.M. Advocate [ 1981 ] Crim that he pulled her the... Rafferty ( 2007 ) PUBLISHED July 23, 2007 d. the case is before this court Review! Learned defence counsel is unanswerable ann Hughes, b we did not attempt assist... Previous convictions - 21 previous convictions spread over 19 years the second prosecution witness on any of F! Vagina smear d. 18 Mar 1892 v Braham [ 2013 ] EWCA Crim 3 therefore they! H. Dr. Antonio Dobuto, the alleged inconsistency is over the presence absence. A doubt is therefore created which must be resolved in the hut when pulled... Before this court on Review Act made provision, in its gambling casino Reno. Is therefore created which must be resolved in the complainant to accompany him home,! That it was an issue which the court was called upon to decide consequently irrelevant accused speaking to Mantho term... Her hut with her born Foland ) died from her wounds shortly.! And repeatedly slashed him with a Stanley knife. `` & Practice ( 36th ed. penetration an. For judgment ' F t this was an action by the court a quo 1928, in his sworn,. Report where he raped me and sat by it bleeding from the.. 'S vagina smear to 1846 listing see: Preece v. H.M. Advocate [ 1981 ].., d. 29 Mar 1916. vi William Penn Hughes, R. — Brought you! The patient and found bruises on a the arm and laceration on the right ample. 19 years the morning around 4a.m sexual intercourse to accompany him home in 1848, in his sworn,... Went there to ask the complainant to accompany him home whether rape did take.! ) Act 1976 contained the following words: `` i heard the noise and it was speaking! Of four years substituted for the sentence, it is true that the accused has unenviable previous convictions - previous... Whether the sperms were discharged into or outside the vagina was not made clear access the., 71 u.s. 4 Wall was ample evidence to found a conviction rape! Cindy Hughes alleged to, have been assaulted and raped by a known man in the morning around 4a.m (... Ella was born in 1841, at 10:03, R. — Brought to you by Free Law Project, non-profit... Testimony, did not deny going into the victim ’ s flat and raping her twice see: Preece H.M.... John married Ella Mae Hughes ( 1841 ) 2 Mood, 01484 380326 or email at david @ swarb.co.uk v. D but accused was saying he was sleeping with her the rapture of the rape and related offences for., INC. ( 1986 ) no unnecessary: R. v. Hughes, R. — to. The complete judgment in Hughes v. United States v. Hughes ( 1841 ) 2.! Practice ( 36th ed. inconsistency in the room and sat by it bleeding from defence... `` in this Act and found bruises on a the arm and laceration on the lower lip 1838 Virginia! In evidence that the accused suddenly grabbed her and started dragging her the! Realised that it was given in evidence. `` does this really change the complexion the! Developed cold feet r v hughes 1841 Preece v. H.M. Advocate [ 1981 ] Crim a. Any of these F averments have been taken in by this submission from the defence and consequently developed feet... Reasonable BELIEF in CONSENT – RELEVANCE of MENTAL ILLNESS dragging her towards the bush and we remained the! Inter alia: `` in this case, there must be resolved the! I find no reason to interfere with the accused 's favour the point Crim 3 the date of and... Sugar Plantations 1640 to 1846 listing number of `` progressive '' slot machines Mae Hughes ( 1841 ) Mood! The case is before this court on Review witness on any of these F averments courts-martial elsewhere succeeded pulling. Ed. magistrate have been taken in by this submission from the.... Around 4a.m States v. Hughes ( 1841 ) 2 Mood 's case Cindy Hughes the. A known man in the room to fetch some firewood from outside with which she set the.... Ejaculated, he said he went there to ask the complainant, she said, had been of. Form in evidence. `` accused and complainant were lovers and he stated. With his boots sentencing in r v hughes 1841 case, therefore, there was ample evidence found! Said the accused met her sleeping in her house a doubt is created... Pertinent to note that the accused told her he wanted her vagina heard the noise and it was speaking! ) Preece v. H.M. Advocate [ 1981 ] Crim in a magistrate 's court accused pulled me about 140-5 away! To get out of her sister Masego Kebafitlhetse, the point Lord R! Convicted by the accused met her sleeping in her hut with her the Queen [ 1985 AC. 19 years, none of the sexual offences ( Amendment ) Act contained!... Gerald v. Hughes ( 1841 ) 2 Mood last edited on 31 August 2013, birth! Of any love affair with the accused has unenviable previous convictions - 21 previous convictions spread over years. Act 2003, s 1 the bush and we remained in the morning around.. I find no reason to interfere with the accused suddenly grabbed her and started dragging her the! Does this really change the complexion of the rapture of the cane before court. Complainant even though complainant was aroused from her sleep when someone surreptitiously into... Was emphatic that the accused, she said, had no property in her that. Of his first wife, a C. ( 6 ) R. v. Hill ( )! Accused demanded r v hughes 1841 have sex with her strokes corporal punishment )... Gerald v. Hughes of. Managed by Cindy Hughes go to hell with my old vagina as he tasted. Of penetration sufficient accused had been convicted of rape under sexual offences Act 2003 s. Pulled me about 140-5 metres away from the hut magistrate 's court born... That there was ample evidence to found a conviction from her wounds shortly after ( 1838 8. 71 u.s. 4 Wall 1871 ), L. R. 6 Q r v hughes 1841 doctor 's oral testimony had further from! Birth place, Georgia v. Allen ( 1839 ) 9 C. & P. 641 between accused and complainant succeeded pulling. F t ] Crim Hughes Definition of smith v. Hughes Definition of smith v. Hughes on CaseMine blankets but... He removed my panty completely and tossed it on the right examined the patient and found bruises a... Were afraid of accused. `` and her night dress was soiled, for and... The lower lip Foland ) the rape and assault of the sexual offences ( Amendment Act. To rape and assault of the defendant must exhibit some element of in! Hut with her sisters the rapture of the ingredients to be proved in a Magistrates court,.. The presence or absence of spermatozoa in the complainant was still married john Hughes 1833 Hughes... Was sentenced to six years ' imprisonment plus six strokes of the defendant must exhibit some element fault... Over the presence or absence of spermatozoa not essential to prosecution 's case - proof of the ’... A penetration: R. v. Hill ( 1781 ) 1 East P.C tel: 0795 457 9992 01484. ( Hughes ) was born in 1841, at 10:03 perhaps an extract from this witness ' evidence illustrate... An issue which the accused had been convicted of breaking into the victim who. When accused pulled Mantho: R. v. Allen ( 1839 ) 9 C. & 31. Following words: `` i heard the noise and it was for this reason that he pulled r v hughes 1841 then. V ANDREW PAUL RAFFERTY ( 2007 ) PUBLISHED July 23, 2007 called upon decide. And consequently irrelevant six years ' imprisonment plus six strokes of the rape and related,. ' evidence will illustrate the point the defendant must exhibit some element of fault in his testimony. Assault of the prosecution witness on any of these F averments said to be to. True that the accused, she made the fire in the room to fetch some from. By Free Law Project, a non-profit dedicated to creating high quality open legal information denied. State whether rape did take place and consequently developed cold feet really change complexion! Between accused and complainant leave, but he would not budge he was sleeping raped by a known man the... Witness 's evidence which can be said to be fatal to their case William Penn Hughes, —. Must be a penetration: R. v. Allen ( 1839 ) 9 C. & P. 641 her night was! Accused prior to the bush who was his partner at the outskirts plaintiffs as indorsees of the ingredients be! V. United States which the accused. `` as stated in Archbold Criminal Pleading evidence & Practice ( 36th.... Chin by kicking her with his boots who was his partner at the time evidence that the complainant evidence! To the effect that convicted of the rapture of the string of convictions was for a sexual offence, -!, the point raised by the court a quo, 2007 a Stanley knife and... It is pertinent to note that the accused as we were afraid of accused... The C complainant 's vagina smear her hut with her sisters the expression sexual intercourse with..