R v Hay
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1860 |
| Date | 01 January 1860 |
| Court | High Court |
English Reports Citation: 175 E.R. 933
QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER
Durham Spring Assizes, 1860, coram Hill, J. regina v. hay. (Semble, that statements made to a priest or clergyman in sacramental or quasi sacramental confession are privileged, but anything said or done out of confession is not so, even although its disclosure may incidentally disclose the identity of the party.) WHfajH Hay, aged twenty-two, pitmam, was charged with robbing Daniel Kennedy of a aalv watch, at Jarrow, on the 25th December last Headlam for the prosecution Davidson for the defence. On the 24th of December the prosecutor had been drinking at the Bee's-wing pn.blic-hse, in the Feihng, and left about twelve o'clock at night. On his way borne, tke ground being very slippery, he fell down, and was assisted to Ins feet by the prisoner and three other men. They walked a short distance together, but the prosecutor feeling the prisoner's hand in his pocket told him to take it out, which he did. The men then endeavoured to get the prosecutor to go a long way with them, bmt he refused, [5] and walked away by himself After having left the prisoner and the other men, he proceeded on his way home. When he had gone a short distance, 934 REGINA V. HAY 2 F. & F. 8. he was joined by a man named M'Cormack, who struck him a blow on the eye with a stick or " morgan rattler " without the least provocation. The prisoner Hay then jconed M'Coimack, and kept hold of the prosecutor's hands while the other robbed him of his watch and 15s. in silver. M'Cormack had absconded Inspector Rogers, by whom the prisoner was apprehended, stated that from information he received he went to the house of the Rev John Kelly, a Roman Catholic priest, from whom he received a watch, which the prosecutor identified as his property, and who wag now called. The criec of the Court was about to administer the oath to him, when he objected to the form of the oath. His Lordship.-What is the objection ? The Rev. Mr. Kelly.-Not that I shall tell the truth, and nothing but the truth , but, as a minister of the Catholic Church, I object to the part that states that I shall tell the whole truth. His Lordship said, the meaning of the oath is this : it is the whole truth touching the trial which you are asked ; which you, legitimately according to law, can be asked. If anything is asked of you in the witness-box which the law says ought not to be asked-for instance, if you are asked a question...
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R. v. Church of Scientology of Toronto and Zaharia, (1987) 18 O.A.C. 321 (CA)
...to. [para. 237]. Russell v. Jackson (1851), 9 Hare 387; 68 E.R. 558 (Ch.), refd to. [para. 237]. R. v. Hay (1860), 2 Fost. & Fin. 4; 175 E.R. 933 (Assizes), refd to. [para. Anderson v. Bank (1876), 2 Ch.D. 644 (C.A.), refd to. [para. 237]. Wheeler v. LeMarchant (1881), 17 Ch.D. 675 (C.A......
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R. v. Gruenke, [1991] 3 SCR 263
...172 E.R. 528; Garnet's Trial (1606), 2 How. St. Tr. 218; Wheeler v. Le Marchant (1881), 17 Ch. 675; R. v. Hay (1860), 2 F. & F. 4, 175 E.R. 933; Gill v. Bouchard (1896), 5 Que. Q.B. 138; Ouellet v. Sicotte (1896), 9 C.S. 463; R. v. Medina, (Ont. S.C., October 17, 1988, unreported); Moys......
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R. v. Fosty and Gruenke, (1991) 130 N.R. 161 (SCC)
...Tr. 218, refd to. [para. 84]. Wheeler v. Le Marchant (1881), 17 Ch. 675 (C.A.), refd to. [para. 84]. R. v. Hay (1860), 2 F. & F. 4; 175 E.R. 933, refd to. [para. Gill v. Bouchard (1896), 5 Que. Q.B. 138, refd to. [para. 87]. Ouellet v. Sicotte (1896), 9 C.S. 463, refd to. [para. 87]. Mo......
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R. v. Fosty and Gruenke, (1991) 75 Man.R.(2d) 112 (SCC)
...Tr. 218, refd to. [para. 84]. Wheeler v. Le Marchant (1881), 17 Ch. 675 (C.A.), refd to. [para. 84]. R. v. Hay (1860), 2 F. & F. 4; 175 E.R. 933, refd to. [para. Gill v. Bouchard (1896), 5 Que. Q.B. 138, refd to. [para. 87]. Ouellet v. Sicotte (1896), 9 C.S. 463, refd to. [para. 87]. Mo......
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Evidence
...A.C. 171 (H.L.). In one English case, an assize court held in contempt a priest who remained silent: R . v. Hay (1860), 2 F. & F. 3, 175 E.R. 933 (Durham Assizes). But the disclosures here were not made in the context of confession. The common law regarded it a matter for the discretion of ......