R v Elbekkay

JurisdictionEngland & Wales
Date1994
CourtCourt of Appeal (Criminal Division)
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3 cases
  • R (oao “Monica”) v Director of Public Prosecutions
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 14 December 2018
    ...jurisprudence on consent in rape and assault cases, including R v Clarence [1888] 22 QBD 23, R v Olugboja [1982] QB 320, R v Elbekkay [1995] Crim LR 163, R v Linekar [1995] QB 250, R v Richardson [1999] QB 444, R v Jheeta [2008] 1 WLR 2582, Assange v Swedish Prosecution Authority [2011] EWH......
  • R v Jason Lawrance
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 23 July 2020
    ...her husband commits rape. Subsequent decisions of this court extended the concept to mistake of identity generally: see R v. Elbekkay [1995] Crim LR 163 and R v. Linekar [1995] QB 250 at 255 G to H. Linekar was an important decision because it limited the instances where deception could vi......
  • DPP v C
    • Ireland
    • Court of Criminal Appeal
    • 31 July 2001
    ...to appeal was refused. Citations: CRIMINAL LAW (RAPE) ACT 1981 S2 PEOPLE V SHAW 1982 1 IR 1 CRIMINAL LAW (AMDT) ACT 1885 S4 R V ELBEKKAY 1995 CRIM LR 163 BARROW 1868 11 COX CC 191 AG, PEOPLE V TRAYERS 1956 IR 110 DPP V REED 1993 2 IR 186 R V BASKERVILLE 1916 2 KB 658 CRIMINAL LAW (RAPE)(A......
11 books & journal articles
  • Lawmakers, Law Lords and Legal Fault: Two Tales from the (Thames) River Bank: Sexual Offences Act 2003; R v G and Another
    • United Kingdom
    • Journal of Criminal Law, The No. 68-2, March 2004
    • 1 March 2004
    ...only impersonation of V’s husband which has this effect, see the CriminalJustice and Public Order Act 1994, s. 142(3); cf. R v Elbekkay [1995] Crim LR 163(decided before the enactment of the 1994 Act)).23 Mr Dominic Grieve, MP for Beaconsf‌ield, in his contribution to the House ofCommons St......
  • Female Rape—An Ongoing Concern: Strategies for Improving Reporting and Conviction Levels
    • United Kingdom
    • Journal of Criminal Law, The No. 71-1, February 2007
    • 1 February 2007
    ...conviction rates were one of the catalysts to reforming the lawon sexual offences, including rape. The Sexual Offences Act 1956 was43 [1995] Crim LR 163.44 [1999] Crim LR 62.45 [1923] 1 KB 340.46 (1887) 2 QB 410.47 [1995] QB 250, [1995] Crim LR 320.48 [2000] 2 Cr App R 328, [2000] Crim LR 6......
  • Ten years on
    • United Kingdom
    • Journal of Criminal Law, The No. 79-1, February 2015
    • 1 February 2015
    ...App R 328.15. SOA 1956, s. 1(3) as amended by the Criminal Justice and Public Order Act 1994 (previously found in s. 1(2)).16. Elbekkay [1995] Crim LR 163.17. [1995] QB 250.18. It is understandable that Linekar did not face a count under SOA 1956, s. 3 as C made a clear allegation of rape; ......
  • Queering Judgment
    • United Kingdom
    • Journal of Criminal Law, The No. 81-5, October 2017
    • 1 October 2017
    ...R v Case (1850) 4 Cox CC 220; R v Flattery [1877] 2 QBD 410.11. Advocate v Montgomery, (Scot.) [1926] Justiciary Cas. 2; R v Elbekaay [1995] Crim LR 163 (CA). This category of fraud was put on statutory footing by s. 1(2) of the Sexual Offences Act 1956. 12. R v Richardson [1998] 2 Cr App 2......
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