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The alleged victim in respect of each offence was the appellants wife úvěr a. BH Main siteqqfuesqu Federal Marketplace Students Educators Government, Education Corporate Read 800 úvěr a. Following the decision in R v R, it was argued by the defendants that the law on rape between spouses had been altered retrospectively. 469, 473: We say no more on this matter which was not the subject of debate before us, because we are satisfied that the Solicitor-General page 617 was well founded in his contention that whether or not the reason for the husbands immunity given by Hume was a good one in the 18th and early 19th centuries, it has since disappeared altogether úvěr a. 282 the husband was charged with rape of his wife after she had left him and filed a petition for divorce. 7 as they continued a perceptible evolution of case law which had reached the stage, at the dates of the applicants actions, where they could have been found guilty of rape. He applied for leave to appeal against his conviction on the ground that the trial judge had erred in law in ruling that a man might rape his wife when her consent to intercourse had been revoked by neither a court order nor agreement of the parties. There is nothing in the words of the early textbook writers, Glanvill, Bracton or Dalton, nor in the most respected authority, Cokes Institutes, which supports Hale. 105: If the two interpretations suggested for the appellant are rejected, as we think they must be, then the word unlawful in section 19 is either page 622 surplusage or means illicit úvěr a. The argument in that case proceeded upon different lines from those adopted in Reg. ] The present case is either concerned with the removal of a fiction or the removal of a defence. My Lords, for these reasons I would dismiss this appeal, and answer the certified question in the affirmative. 401 APPEAL against conviction The appellant, R úvěr a. Sign Up The email address you entered was an invalid email. The draughtsman believed that the immunity propounded by Hale was still good law, subject to the exceptions recognised by the common law at the date of the passing of the Act. Clarence no one seems to have questioned Hales proposition until Byrne J. Of course, an agreement of the parties means what it says. 767: Once Parliament has transferred the offence from the realm of common law to that of statute and, as I believe, has defined the common law position as it stood at the time of the passing of the Act, then I have very grave doubt whether it is open to judges to continue to discover exceptions to the general rule of marital immunity by purporting to extend the common law any further. On appeal by the defendant: - Held, dismissing the appeal, that there was no longer a rule of law that a wife was deemed to have consented irrevocably to sexual intercourse with her husband. As to the construction of unlawful, it is a bold tribunal that would hold that a word or phrase in a statute is mere surplusage and got there by accident. Westminster City Council [1990] 2 A. Those three recent decisions, including that of Owen J úvěr a. ] The construction of the word unlawful as meaning outside marriage in Reg úvěr a. The word unlawful in an English criminal statute means without lawful authority or excuse úvěr a. It is not every wife who can, as the wife here could, go to live with her parents or indeed has anywhere else other than the matrimonial home in which to live.

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