Johnston David Stallard Appellant Against HM Advocate

JurisdictionScotland
Neutral Citation1989 SCCR 248
Year1989
Date1989
CourtUnspecified Court (Scotland)
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5 cases
  • Lord Advocate's Reference No. 1 Of 2001 V. Edward Richard Watt
    • United Kingdom
    • High Court of Justiciary
    • 22 March 2002
    ...years, at least since the decision in Charles Sweenie (1858) 3 Irv. 109. Ours is, however, a "live system of law" (Stallard v HM Advocate 1989 SCCR 248, per the Lord Justice-General (Emslie) at page 254), and it lies within the powers of this court, as custodians of the common law, to revie......
  • Appeal Against Sentence By Her Majesty's Advocate Against Ssk
    • United Kingdom
    • High Court of Justiciary
    • 26 November 2015
    ...to the police at the time. They would not have been reported but for the police inquiries. Under reference to Stallard v HM Advocate 1989 SCCR 248 (LJG (Emslie) at 255), the judge refers to CD “condoning” or “acquiescing in” the rapes. He refers to CD freely choosing to continue to live wit......
  • Dc Against (first) Dg And (second) Dr
    • United Kingdom
    • Court of Session
    • 17 January 2017
    ...Crim 804; [2008] QB 131; [2007] 3 WLR 600; [2007] 2 All ER 676; [2007] 2 Cr App R 13; [2007] Crim LR 900 S v HM Advocate 1989 SLT 469; 1989 SCCR 248 Textbooks etc referred to: Hume, D, Lectures on the Law of Scotland, 1786–1822 (Campbell and Paton ed, Stair Society, Edinburgh, 1939–1958), v......
  • R v R (a Husband)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 14 March 1991
    ...For reasons already adumbrated and in particular those advanced by Lord Emslie, Lord Justice-General, in Stallard v HM AdvocateUNK (1989 SCCR 248), with which their Lordships respectfully agreed, the idea that a wife by marriage consented in advance to her husband having sexual intercourse ......
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1 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
    ...EWCA Civ 963, [2004] Fam 43, [2003] 3 WLR 1425, [2003] 2 FLR 1253 113–114 S v HM Advocate 1989 SLT 469; sub nom Stallard v HM Advocate 1989 SCCR 248, HCJ 5–6 Safeway Stores Ltd v Twigger and others [2010] EWCA Civ 1472, [2011] 2 All ER 841, [2011] Bus LR 1629, [2011] 1 Lloyd’s Rep 462 136 S......

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