R v Rearden
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1864 |
| Date | 01 January 1864 |
| Court | Assizes |
English Reports Citation: 176 E.R. 473
Nisi Prius
[76] Kent Summer Assizes, 1864 regina r re ah den (On an indictment for rape on a child under ten yeais of aj e, evidence admitted of subsequent perpetrations ot the same offence on diileient days previous to complaint to the mother, it appearing that the piisoner had threatened the child on (a) There was. in fact, only one \\hich \\cio so (b) There was no indecency as the figure was only naked to the waist, and, indeed, was only a half length (c) The size of the picture had a good deal to do with its being a nuisance : because it was such as persons who passed the shop could not avoid seems; (d) Vide, ante, p [73], 11 (n) (e) The defendant was discharged on his own recognizances nut to repeat the exhibition. 474 REGINA V. REARDEN 4 F. & F. 77. the tirst occasion, and held that, virtually, it \\as m such a, case all one continuous offence ) [Referred to, K v Bond (1906) 2 K B 389 ] Indictment for feloniously abusing and carnally knowing a female child under the ag of ten years, to wit, of the age of nine yeais Plea: Not guilty. Bridge for the prosecution Ribton for the prisoner The mother of the child \\as an ignorant Irish woman, at vJiose houce the piisouer, a labourer, lodged She was necessarily out at hei woik (agricultural work), all day, from as early an houi as six in the morning, and until night, with the exception of the dinner hour at mid-day. The tiist occasion spoken to by the child was on a Thursday morning, very early in the morning while she was in bed, just after her mother had left. The child stated that he threatened to beat her if she told Bridge was going on to ask as to subsequent peipetiatums of the offence, on the Saturday and again on the Monday Ribton objected that it was inadmissible, as it would be the subject ol a chfEeient indictment. Willes, J.-The evidence is admissible Vntually it is all part of one and the same transaction. In a case befoio me on the Western Circuit, a case ot laiceny of grain from a barn, in which the oilier had watched and detected several stealings by the same person, I admitted evidence of all of them Ribton -The case of larceny is different, and is provided tor by statute (a) Willes, J.-But the statute was not necessary in casts where the whole was one eontmuous transaction (b) [77] Ribton.-That cannot be, wheie, as in this instance, theie are separate felonies on different days. Bridge.-If it were on the same day 01 in the same hour, would it not be admissible I Yet they would equally be separate felonies Ribton.-If they are separate felonies they should lie in separate counts, and the joinder...
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