(Crown Ct at Teesside) A husband was charged with having raped his wife, from whom he was living apart at the time. Held: The charge was bad. s 1(1)(a) of the 1976 Act had the effect that the marital exemption embodied in Hale’s proposition was preserved, subject to those exceptions established by cases decided before … Continue reading Regina v J (rape: marital exemption): Crwn 1991
H has no right to sexual intercourse with W – rape The defendant appealed against his conviction for having raped his wife, saying that intercourse with his wife was necessarily lawful, and therefore outside the statutory definition of rape. Due to the matrimonial difficulties, the wife had left their matrimonial house and gone to her … Continue reading Regina v R: HL 23 Oct 1991
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
