R v Miller (Peter)

JurisdictionEngland & Wales
Date1954
CourtAssizes
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39 cases
  • R v R [1991]
    • United Kingdom
    • House of Lords
    • 23 October 1991
    ...was revoked. Thus, in my opinion, the husband was not entitled to have intercourse with her without her consent." 16 In Reg. v. Miller [1954] 2 Q.B. 282 the husband was charged with rape of his wife after she had left him and filed a petition for divorce. He was also charged with assault up......
  • R v BM
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 22 March 2018
    ...harm means any injury “calculated to interfere with the health and comfort of the [victim]” but must be more than transient or trifling: R v Miller [1954] 2 QB 282 at 292. A wound is caused when the whole of the skin, dermis and epidermis, is broken including the inner skin within the cheek......
  • R v Barry C
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 18 March 2004
    ...intercourse would fall within the shadow of the protection that a wife has against prosecution for rape … of his wife". In R v Miller [1954] 2 QB 282 it was held that a husband who had forcible sexual intercourse with his wife after she had presented a petition for divorce could not be conv......
  • PGA v The Queen
    • Australia
    • High Court
    • 30 May 2012
    ...will know that he was a judge of the highest repute. As a criminal lawyer, there were not many to excel him in his day.’ In R v Miller [1954] 2 QB 282 at 289 Lynskey J concurred with R v Clarke. 152 R v O'Brien [1974] 3 All ER 663. 153 R v Steele (1976) 65 Cr App R 22. 154 R v Steele (1......
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16 books & journal articles
  • Offences against the Person: Into the 21st Century
    • United Kingdom
    • Journal of Criminal Law, The No. 76-6, December 2012
    • 1 December 2012
    ...or an assault and on Stephen J’s view therewas a battery, a touching.) If this law were modern law, then s. 20 would21 R v Miller [1954] 2 QB 282 at 292. See, e.g., R (on the application of T) v DPP [2003]EWHC 266 (Admin): momentary loss of consciousness—‘an injurious impairmentto the victi......
  • Exorcism, Religious Freedom and Consent
    • United Kingdom
    • Journal of Criminal Law, The No. 80-4, August 2016
    • 1 August 2016
    ...mean harm which is more than transient or trifling, but need not bepermanent:RvDonovan [1934] 2 KB 498, 25 Cr App Rep 1, CCA; RvMiller [1954] 2 QB 282; RvChan Fook [1994] 2 AllER 552. Psychological harm is included, but only where identifiable psychiatric injury can be demonstrated: RvDhali......
  • Divisional Court
    • United Kingdom
    • Journal of Criminal Law, The No. 68-1, January 2004
    • 1 January 2004
    ...the word‘bodily’ restricts this offence to the causing of physical as opposed topsychological or psychiatric injuries. In R v Miller [1954] 2 QB 282,where a husband forced his wife to have sexual intercourse, it was heldthat actual bodily harm was not limited to skin, f‌lesh or bones, butin......
  • Not Giving Up the Fight
    • United Kingdom
    • Journal of Criminal Law, The No. 80-3, June 2016
    • 1 June 2016
    ...Smith [1961] AC 290 at 334.26. Dica [2004] QB 1257 at 1257.27. Taylor [2009] EWCA Crim 544.28. Donovan [1934] 2 KB 298 at 509.29. Miller [1954] 2 QB 282 at 285.30. Roberts (1971) 56 Cr App R 95.31. Above n. 2 at para 1.8.32. Ibid. at paras 1.8–1.9.33. Ibid. at para 5.106.34. Ibid. at para 5......
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