R v Richard Fletcher
Jurisdiction | England & Wales |
Judgment Date | 01 January 1859 |
Date | 01 January 1859 |
Court | High Court |
English Reports Citation: 169 E.R. 1168
IN THE COURT OF QUEEN'S BENCH AND THE COURTS OF ERROR
S. C. 28 L. J. M. C. 85; 32 L T. O S 338; 23 J. P 70, 5 Jur N. S. 179; 7 W. R. 204; 8 Cox C C. 131. Considered, R v. Jones, 1861, 4 L T. 154; R v Barratt, 1873, 12 Cox C. C 498; R. v. Doe, 1884, 15 Cox C. C 579 Referred to, R v. Fletcher, 1866, L. R. 1 C. C. R 39; R. v. Lock, 1872, L R. 2 C. C. R 10; R. v. Flattery, 1877, 46 L J M C 130.
[63] 1859 regijsta v richard fletcher. (The prisoner was indicted for a rape upon a gixl of weak intellect, incapable of distinguishing right from wrong and who was not shewn to have offered any resistance. The Judge told the jury that if they were satisfied upon the evidence that the prisoner had carnal knowledge of the girl by force and against her will they ought to convict ; and also that, if they should be oi opinion that the girl was incapable of giving consent or of exercising any judgment upon the matter, then, if they were satisfied upon the evidence that the prisoner had carnal knowledge of the girl by force and without her consent, they ought to find him guilty. The jury found the prisoner guilty, and stated that they considered that the girl was incapable of giving consent from defect of understanding. Held, that the conviction was right) [S. C. 28 L. J. M. C. 85 ; 32 L T. 0 S 338 ; 23 J. P 70 , 5 Jur N. S. 179 ; 7 W. R. 204 ; 8 Cox C C. 131. Considered, R v Jones, 1861, 4 L T. 154 ; R v Barratt, 1873, 12 Cox C. C 498 ; R. v. Dee, 1884, 15 Cox C. C 579 Referred to, R v. Fletcher, 1866, L. R. 1 C. C. R 39 ; R. v. Lock, 1872, L R. 2 C. C. R 10 ; R. v. Flattery, 1877, 46 L J M C 130 ] The following case was reserved by Hill J Jhchard Fletcher was tried before me at the Winter Assizes 1858 for Liverpool, upon a charge of rape committed upon the person of Jane Jones. Jane Jones was proved at the trial to be of the age of 13 years at the time of the offence charged . she was also proved to be of weak intellect, to be incapable of distinguishing right from wrong. Her mother stated in her evidence that Jane was not allowed to go about by herself, and that she was unable to distinguish the house m which she lived from that of any of the neighbours On the day in question Jant had left Ihe house without her mother's knowledge, the prisoner met her and it wes proved by witnesses who saw them that the prisoner had sexual intercourse with the girl ; but she was not shewn to have offered any resistance, though she did exclaim whilst the prisoner was in the act that he hurt her, and on the prisoner rismg from her and her getting up she made a start as if to run away. The girl Jant Jones was placed in the witness box, and I asked her several questions in the heating of the jury to ascertain if she possessed sufficient intelligence to be sworn. I wts satisfied that she did not. It was obj'ected, by counsel for prisoner, that the charge of rape was not made out,, as it was not proved that the prisoner had carnal knowledge of the girl [64] against her wiB. I left the case to the jury, and I stated to them that if they were satisfied upon the evidence that the prisoner had carnal knowledge of the girl by force and against the will of the girl, they ought to convict the prisoner. Also, that if tile jury should be of opinion that the girl was incapable of giving consent or of exercising any judgment upon the matter, then if they werfi satisfied upon the evidence that the prisoner had carnal knowledge of the girl by force and without her consent, they ought to find the prisoner guilty The jury...
To continue reading
Request your trial-
X City Council v MB, NB and MAB [FD]
... ... - and, I would venture to add, much more useful - than anything to be found in the by now very elderly English cases on the subject: R v Richard Fletcher (1859) Bell 63, R v Fletcher (1866) LR 1 CCR 39 , R v Pressy (1867) 10 Cox 635 and R v Barratt (1873) LR 2 CCR 81 ... These cases were not ... ...
-
R v Dee
...L. R. 289. R. v. Young 14 Cox, C. C. 114. R. v. JacksonENR Russ. & Ry. 487. R. v. CamplinENR 1 Car, & Kir. 746. R. v. Richard FletcherENR Bell, C. C. 63. R. v. BarrowELR L. R. 1 C. C. R. 156. R. v. FlatteryELR 2 Q. B. Div.410. R. v. Maddleton 42 L. J. Mag. Cas. 84. R. v. Fletcher 8 Cox, C. ......
-
Public Prosecutor v Balwant Singh s/o Jhanda Singh
...nature and consequence of that to which he gives his consent is not a valid consent: section 90(b) of the Penal Code. Thus, in Fletcher 169 ER 1168, a conviction of rape was upheld in respect of sexual intercourse with a girl of weak intellect. The jury found that she was incapable of givin......
-
THE UNDESIRABLES: THE TRANSFORMATION OF AMERICAN EUGENICS FROM STERILIZATION TO ABORTION.
...and, "[o]ver the next generation[,] some seventy thousand persons in the United States [who] were sterilized by state order." (62) Buck v. Bell, (63) with its disturbing reasoning, had the effect of giving institutional and legal support to eugenics, (64) and gave eugenics considerable mome......
-
Redefining rape: The Scottish approach
...114; Charles Sweenie (1858) 3 Irvine 109. 11 Cf H M Advocate v Grainger and Rae 1932 JC 40. 12 R v Pletcher (1859) 8 Cox CC 131; 23 JP 70; Bell CC 63; R v Pletcher (1866) LR 1 CCR 39; 10 Cox CC 248; R v Barratt (1873) 12 Cox CC 498. 13 In England, for example, it was accepted that while it ......
-
Building on What Works: An Analysis of U.S. Broadband Policy.
...Corp. or MCI) could lease copper loops and circuit-switching capacity from incumbent local telcos (e.g., Bell Atlantic and Southwestern Bell). (63) For many years, the FCC ordered incumbents to lease to an aspiring rival all of the network elements it needed to provide circuit-switched tele......
-
DC_Register Vol 65, No 23, June 8, 2018 Pages 06123 to 06441
...No. 17-A-04 (2017). 19 United Paperworkers Int’l Union v. Misco, 484 U.S. 29, 38 (1987) (quoted in MPD v. FOP/MPD Labor Comm. (on behalf of Bell), 63 D.C. Reg. 12581, Slip Op. No. 1591 at 5, PERB Case No. 15-A-16 (2017); D.C. Sewer & Water Auth. v. AFSCME Local 2091, 59 D.C. Reg. 10742, Sli......
-
DC_Register Vol 65, No 28, July 13, 2018 Pages 07341 to 07498
...Rels. Bd., 2014 CA 007679 P(MPA) (December 16, 2015). 20 D.C. Metro. Police Dep't v. F.O.P/Metro. Police Dep't Labor Comm.(on behalf of Bell), 63 D.C. Reg. 12581, Slip Op. No. 1591, PERB Case No. 15-A-16 (2016); FOP/Metro. Police Dep’t Labor Comm. (on behalf of Cummings) D.C. Metro. Police ......
-
DC Register Vol 64, No 31, August 4, 2017 Pages 7386 to 7630
...of the Arbitrator’s authority.29 24 See D.C. Metro. Police Dep’t v. Fraternal Order of Police/Metro. Police Dep’t Labor Comm. (on behalf of Bell), 63 D.C. Reg. 12581, Slip Op. No. 1591 at p. 5, PERB Case No. 15-A-16 (2016) (noting that an arbitrator’s interpretation or explanation of what a......
-
DC Register Vol 67, No 30 July 17, 2020 Pages 008602 to 008969
...an arbitrator can only consider arguments presented at the disciplinary hearing). See also MPD v. FOP/MPD Labor Comm. (on behalf of Tania Bell), 63 D.C. Reg. 12581, Slip Op. No. 1591 at 7, PERB Case No. 15-A-16 (2016). 21 E.g., Univ. of D.C. v. AFSCME, Council 20, Local 2087, 59 D.C. Reg. 1......