překlenovací úvěr čs ii

Accordingly he should not be tried for or convicted of rape. There is no doubt that a wife does not consent to assault upon her person and there is no plausible justification for saying today that she nevertheless is to be taken to consent to intercourse by assault. The appeal fails and is dismissed. I consider the substance of that reasoning to be no less valid in England than in Scotland. 23 a husband who knew that he suffered from a venereal disease communicated it to his wife through sexual intercourse. , Watkins, Neill and Russell L překlenovací úvěr čs ii. The principle, which is founded on Hale, History of the Pleas of the Crown, 1st ed. 7 as they continued a perceptible evolution of case law which had reached the stage, at the dates of the applicants actions, where they could have been found guilty of rape překlenovací úvěr čs ii. In my judgment, the position in law today is, as already declared in Scotland, that there is no marital exemption to překlenovací úvěr čs ii the law of rape. Both Hawkins and Blackstone do not refer to the marital immunity. in the instant case, neatly exemplify the possible solutions, each with its concomitant page 609 drawbacks with which we are confronted překlenovací úvěr čs ii. The third or radical solution is said to disregard the statutory provisions of the Act of 1976 and, even if it does not do that, it is said that it goes beyond the legitimate bounds of judge-made law and trespasses on the province of Parliament. Сначала войдите в аккаунт Добавить в Загрузка плейлистов. upon an indictment containing two counts. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations. If Hale was merely recognising a well known principle of law it is surprising that no authority is cited in support of it. As to překlenovací úvěr čs ii the construction of unlawful, it is a bold tribunal that would hold that a word or phrase in a statute is mere surplusage and got there by accident. A decision to the like effect was given by the same court in Reg. You can change this preference below. In the course of doing so he assaulted her by squeezing her neck with both hands překlenovací úvěr čs ii. Войти Поделиться Ещё Пожаловаться Пожаловаться на видео. on such a matter is undoubtedly as high as any can be, but no other authority is cited by him for this proposition, and I should hesitate before I adopted it. We think this interpretation accords with the common sense of the matter, and with what we think was the obvious intention of Parliament překlenovací úvěr čs ii. For the reasons expressed by Lord Emslie in S. Consideration was given to překlenovací úvěr čs ii Hales proposition, and it appears to have been accepted as sound by a majority of the judges. Hales proposition is based on a fiction and moreover a fiction which is inconsistent with the proper relationship between husband and wife today překlenovací úvěr čs ii. The husband who is the subject of an injunction or undertaking to the court or in respect of whose marriage a decree nisi has been pronounced or is a party to a formal separation agreement would be nevertheless page 611 immune from prosecution for raping his wife. He now appeals against conviction upon the ground that the judges ruling was erroneous. We have not overlooked the decision in Reg.

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