R v Barry C

JurisdictionEngland & Wales
JudgeLord Justice Judge
Judgment Date18 March 2004
Neutral Citation[2004] EWCA Crim 292
Date18 March 2004
CourtCourt of Appeal (Criminal Division)
Docket NumberCase No: 200203147 D4

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2 cases
  • National Westminster Bank Plc v Spectrum Plus Ltd and Others
    • United Kingdom
    • House of Lords
    • June 30, 2005
  • PGA v The Queen
    • Australia
    • High Court
    • May 30, 2012
    ...13 [66] per Doyle CJ. 280 [1992] 1 AC 599: see above at [103]. 281 SW v United Kingdom (1995) 21 EHRR 363 at 402 [43/41]. 282 Cf R v C [2004] 1 WLR 2098; [2004] 3 All ER 1, dealing with conduct in 1970 — a case exemplifying to a very marked degree the fallacy known to personal injury law......
5 books & journal articles
  • The Need to Kill Off Zombie Law
    • United Kingdom
    • Journal of Criminal Law, The No. 81-1, February 2017
    • February 1, 2017
    ...and that such decisionsmight or might not have retrospective effect,93although there is a presumption that decisions will take86. RvC[2004] EWCA Crim 292; [2004] 1 WLR 2098 [10]–[17].87. Practice Statement (Judicial Precedent) [1966] 1 WLR 1234; (1986) 83 Cr App R 191 HL (and applicable to ......
  • Conspiracy: Marital Exemption and Polygamy
    • United Kingdom
    • Journal of Criminal Law, The No. 80-4, August 2016
    • August 1, 2016
    ...at some point prior to 1970 when Cforced his wife into sexual intercourse for which he was convicted in 2002: RvC[2004] EWCA Crim292; [2004] 1 WLR 2098.The point of course is that a wife long ago ceased to be the property of her husband, and acquired thestatus in law of an autonomous indivi......
  • Legality and Reality: Some Lessons from the Pitcairn Islands
    • United Kingdom
    • Journal of Criminal Law, The No. 73-1, February 2009
    • February 1, 2009
    ...they 61 R v R (Rape: Marital Exemption) [1991] 2 All ER 257.62 CR v United Kingdom [1996] 1 FLR 434 at [41].63 Ibid. at [42].64 R v C [2004] 3 All ER 1, Legality and Reality: Some Lessons from the Pitcairn Islands would have to say that if he raped his wife he would not be committinga crimi......
  • The Doctrine of Precedent and the Provocation Defence: A Comment on R v James
    • United Kingdom
    • The Modern Law Review No. 69-5, September 2006
    • September 1, 2006
    ...per Lord Reid.31 [1992] 1AC 599.32 SeeT.Rees and A. Ashworth,‘Rape:Husband Convicted of RapingWife Before1992 ^ Whetheran O¡ence’ [2005]Crim LR 238.33 The European Court of Human Rights adopted this reasoning in SWa nd CRvUnited Kingdom(1995) 21EHRR 363.It also held that the decision in RvR......
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