HM Advocate v Duffy

JurisdictionScotland
Year1983
Date1983
CourtHigh Court of Justiciary
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
7 cases
  • R v R [1991]
    • United Kingdom
    • House of Lords
    • 23 October 1991
    ...in Scotland recently considered the supposed marital exemption in rape in that country. In two earlier cases, H.M. Advocate v. Duffy 1983 S.L.T. 7 and H.M. Advocate v. Paxton 1985 S.L.T. 96 it had been held by single judges that the exemption did not apply where the parties to the marriage ......
  • PGA v The Queen
    • Australia
    • High Court
    • 30 May 2012
    ...Scotland following Clarke (see fn 295 above) that allowed the conviction of a man for the rape of his wife where they were separated: HM Advocate v Duffy 1983 SLT 7; HM Advocate v Paxton 1985 SLT 313 S v HM Advocate 1989 SLT 469 at 472, citing Williams, Textbook of Criminal Law, 2nd ed (1......
  • S v Ncanywa
    • South Africa
    • Invalid date
    ...question has arisen in Scotland rather recently, in a recent judgment of the High Court of Justiciary of Scotland, in cH M Advocate v Duffy 1983 SLT 7 (HC of J). The accused was D charged with rape of his wife from whom he was living apart, but from whom he was not legally separated. It wou......
  • S v Ncanywa
    • South Africa
    • Ciskei High Court
    • 26 November 1991
    ...question has arisen in Scotland rather recently, in a recent judgment of the High Court of Justiciary of Scotland, in cH M Advocate v Duffy 1983 SLT 7 (HC of J). The accused was D charged with rape of his wife from whom he was living apart, but from whom he was not legally separated. It wou......
  • Request a trial to view additional results
4 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...Bing 569, 5 Moo & P 541, 131 ER 220 192 Hinz v Berry [1970] 2 QB 40, [1970] 2 WLR 684, [1970] 1 All ER 1074, CA 109–110 HM Advocate v Duffy 1983 SLT 7, HCJ 5, 6 xx How Judges Decide Cases: Reading, Writing and Analysing Judgments HM Advocate v Paxton 1985 SLT 96, 1984 JC 105, 1984 SCCR 311,......
  • Introduction
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...in Scotland recently considered the supposed marital exemption in rape in that country. In two earlier cases, H.M. Advocate v. Duffy 1983 S.L.T. 7 and H.M. Advocate v. Paxton 1985 S.L.T. 96 it had been held by single judges that the exemption did not apply where the parties to the marriage ......
  • Law, Patriarchies, and State Formation in England and Post‐Colonial Hong Kong
    • United Kingdom
    • Wiley Journal of Law and Society No. 28-2, June 2001
    • 1 June 2001
    ...15th Report (1984) para. 2.56,cited in N. Lacey, C. Wells, and D. Meure, Reconstructing the Criminal Law (1990)332.46 HM Advocate v. Duffy [1983] SLT 7 and HM Advocate v. Paxton [1984] JC 105;New Law J., 13 January 1984, cited in Edwards, op. cit., n. 14, p. 194. Why Scotland,given its trad......
  • Recent Judicial Decisions
    • United Kingdom
    • Sage Police Journal: Theory, Practice and Principles No. 65-2, April 1992
    • 1 April 1992
    ...system. There, two cases have heldthat the exception didnot apply where the husband and wife were not cohabiting - H.M.Advocate v. Duffy[1983]S.L.T. 7 and H.M. Advocate v. Paxton [1985]S.L.T.96. TheHighCourt,however, hadmore recently ruled that if themaritalexception ever applied in Scotlan......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT