R v Richard Fletcher

JurisdictionEngland & Wales
Judgment Date01 January 1859
Date01 January 1859
CourtHigh Court

English Reports Citation: 169 E.R. 1168

IN THE COURT OF QUEEN'S BENCH AND THE COURTS OF ERROR

Regina
and
Richard Fletcher

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...

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3 cases
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    • Family Division
    • 13 February 2006
    ... ... - 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
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    • 1 December 1884
    ...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. ......
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    ...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......
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