R v William Camplin

JurisdictionEngland & Wales
Judgment Date01 January 1845
Date01 January 1845
CourtCrown Court

English Reports Citation: 169 E.R. 163

Crown Cases

Regina
and
William Camplin

S. C 1 Car & Kir. 746; 5 L. T. O S 266; 9 J. P. 424, 743; 1 Cox C. C 220. Explained, R. v Page, 1846, 2 Cox C. C. 133. Followed, R v. Fletcher, 1859, 8 Cox C. C. 131. Considered, R. v. Dee, 1884, 15 Cox C. C. 579. Referred to, R. v. Case, 1850, 4 Cox C. C. 220, R. v. young, 1878, 38 L T. 540.

1845. regina v. william camplin. (Prisoner gave a girl of thirteen years of age liquor for the purpose of exciting her , she became quite drunk ; and when she was in a state of insensibility he violated her. Held : a rape.) [S. C 1 Car & Kir. 746 ; 5 L. T. 0 S 266 ; 9 J. P. 424, 743 ; 1 Cox C. C 220. Explained, R. v Page, 1846, 2 Cox C. C. 133. Followed, R v. Fletcher, 1859, 8 Cox C. C. 131. Considered, R. v. Dee, 1884, 15 Cox C. C. 579. Referred to, R. v. Case, 1850, 4 Cox C. C. 220 , R. v. Young, 1878, 38 L T. 540.] The prisoner was tried before Mr. Baron Parke at the March Sessions at the Old Bailey, and convicted of a rape on the person of a girl of thirteen years of age. He made her quite drunk, and when she was in a [90] state of insensibility took advantage of it and violated her The jury found that he gave her liquor for the purpose of exciting her, not with the intention of rendering her insensible, and then having sexual intercourse with her. It was objected by the prisoner's counsel, that the crime of rape was not committed. The learned Baron reserved the case for the opinion of her Majesty's Judges On April 26, 1845, this case was argued before all the Judges, except Erie J., and Maule J., who were absent. Ballantine for the prisoner The offence does not amount to rape. " Rape is the carnal knowledge of any woman above the age of ten years, against her will, &c. The essential words in an indictment of rape are rapmt et carnahter cognovit, but cainahter cognovit, nor any other circumlocution, without the word rapuit are not sufficient in a legal sense to express rape " (Hale, PI Cr i 628 , Co 3rd Inst. cap. xi p 60.) " It seems that rape is an offence in having unlawful and carnal knowledge of a woman by force and against her will " (Hawkins, PI Cr i. 122 ) () There is nothing to disqualify any witness in the provisions of the stat. 6 & 7 Viet. c. 85. On the contrary, it is an enabling statute, removing incompetencies. 164 THE QUEEN V. GEORGE MIDDLEDITCH l DEW. 91. To constitute rape there must be actual force used, and actual resistance to that force. There must be an...

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6 cases
  • The People (Director of Public Prosecutions) v C. O'R
    • Ireland
    • Supreme Court
    • 11 November 2016
    ...having been made drunk by the prisoner (though the liquor was given only for the purpose of exciting her), it is a rape. R. v. Camplin, 1 Den. 89; 1 C. & K. 746; 1 Cox, 220. So, also, if a man gets into bed with a woman while she is asleep, and he knows she is asleep, and he has connection ......
  • R v Dee
    • Ireland
    • Court of Criminal Appeal
    • 1 December 1884
    ...Russ. & Ry. 487. R. v. SaundersENR 8 C. & P. 265. R. v. Williams Ibid. 286. R. v. StauntonENR 1 Car, & K. 415. R. v. CamplinENR 1 Den. C. C. 89. R. v. Ryan 2 Cox, C. C. 115. R. v. CaseENR 1 Den. C. C. 580. R. v. ClarkeENR Dears. C. C. 397; 24 L. J. Mag. Cas. 25. R. v. Richard Fletcher 8 Cox......
  • R v Richard Fletcher
    • United Kingdom
    • High Court
    • 1 January 1859
    ...the woman. [66] There ib a class of cases in which fraud has been held to supply the want of both these ingredients In Regvna v. Camphn (1 Den. C. C. 89 , S. C. 1 Car. & K. 746), where the prisoner having given a girl of thirteen years of age liquor for the purpose of exciting her, she beca......
  • R v William Camplin
    • United Kingdom
    • Central Criminal Court
    • 1 January 1845
    ...English Reports Citation: 174 E.R. 1016 CENTRAL CRIMINAL COURT. Regina and William Camplin Subsequent proceedings with annotations, 1 Den. 89 [746] central criminal court. March Session, 1845, before Baron Parke March 7th, 1845. regina v. william camplin. (On a trial for a rape, it was prov......
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