S. v HM Advocate
| Jurisdiction | Scotland |
| Year | 1989 |
| Date | 1989 |
| Court | High Court of Justiciary |
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17 cases
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R v R [1991]
...she happens to be feeling at the time. In modern times any reasonable person must regard that conception as quite unacceptable. 10 In S. v. H.M. Advocate 1989 S.L.T. 469 the High Court of Justiciary in Scotland recently considered the supposed marital exemption in rape in that country. In t......
- R v C. (Rape: Marital Exemption)
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R v Barry C
...Eventually, in 1989 and 1990 the issue of deemed consent was, at last, properly examined in the High Court of Justiciary in Scotland ( S v H.M. Advocate, [1989] SLT 469 and this Court in England ( R v R [1992] 1 AC 599). In Scotland, Lord Emslie, the Lord Justice-General, observed that rap......
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PGA v The Queen
...decision in R v L, reference should be made to judicial development of the law relating to the immunity in Scotland and England. 181 In S v HM Advocate 311, an accused was indicted in the High Court of Justiciary in Scotland for the rape of his wife, with whom he was cohabiting. He challeng......
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4 books & journal articles
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Table of Cases
...Restrictions on Publication), Re [2003] EWCA Civ 963, [2004] Fam 43, [2003] 3 WLR 1425, [2003] 2 FLR 1253 113–114 S v HM Advocate 1989 SLT 469; sub nom Stallard v HM Advocate 1989 SCCR 248, HCJ 5–6 Safeway Stores Ltd v Twigger and others [2010] EWCA Civ 1472, [2011] 2 All ER 841, [2011] Bus......
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Introduction
...of rape. Lord Keith gave the leading speech in the House of Lords 6 and took the lead from the Scots approach: In S. v. H.M. Advocate 1989 S.L.T. 469 the High Court of Justiciary in Scotland recently considered the supposed marital exemption in rape in that country. In two earlier cases, H.......
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Law, Patriarchies, and State Formation in England and Post‐Colonial Hong Kong
...radical approach is an interesting socio-legalquestion.47 id.48 Stallard v. HM Advocate,Scotsman Law Report, 7 April 1989; HMA v. Stallard[1989] SLT 469.49 id.50 See Lowe and Douglas, op. cit., n. 36, p. 106.51 id.ßBlackwell Publishers Ltd What finally motivated the judiciary to act as it d......
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Rape as a materially-defined crime: Could ‘any act which causes sexual penetration’ include omissions?
...R v C 2004 2 Cr. App.R.15 253 at 259–260 the court refers to the position in the High Court of Jus-ticiary in Scotland [S v H.M. Advocate, 1989 SLT 469] and states that it has been ‘…observed that rape always has been a crime of violence and aggravated assault, and doubted whether it was ev......