R v Peter Stanton
| Jurisdiction | England & Wales |
| Judgment Date | 14 March 1844 |
| Date | 14 March 1844 |
| Court | High Court |
English Reports Citation: 174 E.R. 872
IN THE COURTS OF KING'S BENCH, COMMON PLEAS, AND EXCHEQUER, AND ON THE NORTHERN AND WESTERN CIRCUITS.
Referred to, R v. Camplin, 1845, post, p. 746
[415] (Crown Side) before Mr Justice Coleridge March 14th, 1844. regina v peter stanton (On an indictment for an assault, with intent to commit a rape, the prosecutnx stated, that the defendant, her medical man, being in her bed-room, directed her to lean forward on a bed, that he might apply an injection ; she did so, and the injection having been applied, she found the defendant was proceeding to have a criminal connexion with her, upon which she instantly raised herself up, and ran out of the room. She stated that the defendant had penetrated her peison " a little " :-Held, that if it had appeared that the defendant had intended to have had a criminal connexion with the prosecutnx by force, the complete offence of rape would, upon this evidence, have been proved, but that the thus getting possession of the person of the woman by surprise was not an assault with intent to commit a rape, but was an assault) [Referred to, R v. Camphn, 1845, post, p. 746 ] Assault, with intent to commit a rape -The first count of the indictment charged the defendant with assaulting Emma Brown, on the 24th of February, 1844, with mtent to ravish her. Second count for a common assault. The prosecutrix, Emma Brown, stated, " I am the wife of William Brown. The defendant was our medical attendant for fifteen months. He attended me for bleeding piles. He wished me to go with him to Birmingham to consult another medical man, Mr Ingleby. I went with him on the 15th of February, 1844, to Mr Ingleby. After that the defendant said he must give me an injection On the 24th of February the defendant came to our house at ten o'clock at night. I went upstairs to my own bed-room, and the defendant went up with me there was a light in the room He said he was ordered to give this injection, and he said I must place my head on the bed, and my feet on the floor, and I did so, and my clothes were up over my back. He was in the room behind me, and he then began to use the injection, and I felt the water running cold on my legs. This lasted five minutes I was going to raise myself up, and he said, ' Put you head on the bed, and do not stir for a moment.' I have had injections before, and they do keep persons still for a little while after they are applied As I lay I perceived...
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R. v. Leary, (1977) 13 N.R. 592 (SCC)
...an intention on his (accused's) part to commit the act by force against her will". And see Regina v. Stanton (1844), 1 Car & K. 415, 174 E.R. 872. In Rex v. Lloyd (1836), 7 C. & P. 318, 173 E.R. 141, the jury were told by Patteson J. "In order to find the prisoner guilty of an assau......
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R. v. MacNeil, (1976) 16 N.S.R.(2d) 366 (CA)
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