Te defendant had been convicted of s47 ABH under the OAPA 1861 because he infected his wife with gonorrhoea without her knowledge/consent
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What are the facts?
The case was dealt with by the High Court in the QBD, which formed a binding precedent in the Crown and Magistrate. The D appealed and the conviction was quashed - decided by 13 judges, 9 thought not guilty
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Why is the case important?
Because s47 and s20 had no evidence that they were to deal with sexual crimes, it held that both sections' language implied violence which had not occurred in this case (meaning D would not be guilty), and thirdly that **** was impossible in marriage
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Other reasons why it is significant?
The judges all examined the law on consent and was held that when a couple get married the wife consents to all sex, however unmarried people - the woman has to consent every-time
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What points did the judges make when they were coming to their decisions?
1) There could be unforeseen dangers of a conviction in this case; thousands of people could be criminalised - therefore important Parliament changed the law not judges. 2) If guilty, what effect would it have on the transmission of other diseases
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What other transmitted diseases would the conviction have affected?
It would have caused problems for diseases such as; scarlet fever, small pox - and how could the transmission be proved?
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What other problem would a guilty conviction have made in this case?
It would have caused the problem of a huge increase in **** convictions
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What cases can this case be linked with?
It can be linked with and also distinguished from Bennett 1866 which was referred to in the judgement
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What happened in the case of Bennett 1866?
This case was where an uncle was convicted of indecent assault of his 13 year old niece who became infected with an STI
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What are more recent cases that Clarence 1888 can be linked with?
It can also be linked with Wison 1984, Golding 2014 and Dica 2004
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What happened in R v Cunningham 1957?
The D ripped a gas meter of a wall in a cellar and that gas spread through
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Other cards in this set
Card 2
Front
What are the facts?
Back
The case was dealt with by the High Court in the QBD, which formed a binding precedent in the Crown and Magistrate. The D appealed and the conviction was quashed - decided by 13 judges, 9 thought not guilty
Card 3
Front
Why is the case important?
Back
Card 4
Front
Other reasons why it is significant?
Back
Card 5
Front
What points did the judges make when they were coming to their decisions?
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