The defendant infected his wife with gonorrhoea without her knowledge or consent
1 of 10
What was he convicted of?
Convicted of S47 ABH and S20 GBH
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Precedent within Clarence?
Was dealt with by the QBD in the High Court therefore making a binding precedent for the Crown Court and the Magistrate's Court
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Why is this case important?
The social factors (marital ****), medical conditions advanced, the seriousness of the illness during the time, judges had to examine OAPA
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What happened on appeal?
His conviction was quashed although all 13 judges stated his behaviour towards his wife was appalling
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What was the issue on marital ****?
During those times, it was impossible for **** to occur in marriage as when a woman marries a man she automatically consents
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What points did the judges make when they were examining the law on OAPA?
1) No evidence s47/s20 provides for sexual crimes 2) Both statues involve personal violence 3) judges had to examine consent in marital **** 4) law on fraud was reiterated
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What was stated about fraud?
It was reiterated that consent could only be invalid when the defendant was misled by identity of did not understand what was about to happen
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What conclusions were made?
This decision was decided no longer useful in Ireland & Burstow 1997
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What cases can this be linked with?
Distinguished from Bennett, linked with Golding, Dica and Wilson
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