R v Hetherington
Jurisdiction | England & Wales |
Judgment Date | 20 January 1841 |
Date | 20 January 1841 |
Court | State Trial Proceedings |
6 & 7 Vict. c. 96. The Libel Act, 1843 (Lord Campbell”s Act)
51 & 52 Vict. c. 46. Criminal Law : Declaration, Oath
To continue reading
Request your trial5 cases
-
R v Lemon R v Gay News Ltd
...(post, pp. 640F-641A, 645F-646B, 657E-658A, 664E-666A). Rex v. Dean of St. Asaph (1784) 21 St.Tr. 847; Reg. v. Hetherington (1841) 4 St.Tr.N.S. 563; Reg. v. Bradlaugh(1883) 15 Cox C.C. 217 and Reg. v. Ramsay and Foote (1883) 15 Cox C.C. 231 applied. Rex v. Aldred (1909) 22 Cox C.C. 1 consid......
-
R v Lemon
...threat of a breach of the peace. One finds a reflection of this approach in the summing-up of Lord Denman, Chief Justice, to the jury in Hetherington's case, (1840) 4 State Trials (New Series) 563, at page 590-591. We quote the passage in full. 35 "Now, gentlemen, upon the question whether ......
-
R (Green) v City of Westminster Magistrates' Court
...But by the nineteenth century, it became necessary to identify the second element separately. Lord Denman CJ's direction to the jury in R v Hetherington (1841) 4 St Tr NS 563 at 590 began to do so: "Because, a difference of opinion may subsist, not only as between different sects of Christi......
-
Whitehouse v Gay News Ltd
...so long as such opinions were expressed in temperate language and not in terms of offence, insult or ridicule. R. v. Hetherington (1841) 4 St. Tr. N.S. 563. This introduces into the concept of the actus reus, in addition to the act of publication itself, the effect that the material publish......
Request a trial to view additional results
2 books & journal articles
-
Bearing a Constitutional Cross: Examining Blasphemy and the Judicial Role in Corway v. Independent Newspapers
...Mellor Press, forthcoming), at 56. 22 (1883) 15 Cox CC 230. 23 Ibid., at 235. This actus reus was first argued in R. v. Hetherington (1841) 4 St Tr (ns) 563; 5 Jur 529, but it is Ramsay and Foote which is the true turning point in the law since its ratio was followed in all subsequent prose......
-
Blasphemy: Religion Challenges Freedom of Speech
...to the House of Commons on Jewish Emancipation, April 7 th , 1833. 11 Gathercole’s Case (1838) 168 E.R. 1140 12 R v Hetherington (1841) 4 St Tr (NS) 563 13 R v Lemon, R v Gay News (1979) 143 JP 315 [2017] Irish Judicial Studies Journal Vol 1 17 IRISH JUDICIAL STUDIES JOURNAL The exact natur......