HM Advocate v Duffy
| Jurisdiction | Scotland |
| Date | 1983 |
| Court | High Court of Justiciary |
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7 cases
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R v R [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 ......
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PGA v The Queen
...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......
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S v Ncanywa
...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......
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S v Ncanywa
...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......
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4 books & journal articles
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Table of Cases
...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,......
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Introduction
...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 ......
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Law, Patriarchies, and State Formation in England and Post‐Colonial Hong Kong
...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......
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Recent Judicial Decisions
...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......