A short summary of this paper. . 2929.15 (B), the trial court may not sentence Carter for more than twelve months. System of Precedents and Appeals. On the first occasion he tied a … 21-16278 . Legal Standards A. Though the circumstances and the victims were worlds apart, the murder of Emmett Till in 1955, like the death of John F. Kennedy eight years later, shocked a generation out of its innocence. [1992] 95 Cr App R 304 Case summary last updated at 14/01/2020 18:33 by the Oxbridge Notes in-house law team. On 22 May 2003, at the end of the prosecution case, the judge directed an acquittal on the count of rape on the basis that there was insufficient evidence of penile penetration. Because of the newly ratified 20th Amendment, … Receive free daily summaries of new opinions from the US Court of Appeals for the Ninth Circuit. However, they misled the victim. Jermosen v. Smith, 945 F.2d 547, 550 (2d Cir.1991). Regina v Emmett: CACD 18 Jun 1999. R v Golding [2014] EWCA Crim 889, Court of Appeal Facts: In July 2009, David Golding began a relationship with Cara Scott, also known as Cara Lee, which quickly became sexual. While visiting his relatives in Mississippi, Till went to the Bryant store with his cousins, and may have whistled at Carolyn Bryant. In United States v. Emmett, 749 F.3d 817 (9th Cir. (W v M and S and NHS PCT (2011)). There is no rule of law prohibiting jurors from questioning witnesses (R v Lo Presti [1992] 1 VR 696; R v Cvijic 21/2/1986 Vic CCA; R v Boland [1974] VR 849). We review the trial court's ruling on discovery matters for abuse of discretion. Emmett G Edwards Emmett Edwards (1930 - … Regina v Emmett: CACD 18 Jun 1999 The defendant appealed against conviction after being involved in sexual activity which he said was not intended to cause harm, and were said to be consensual, but clearly did risk harm. On the first occasion he tied a plastic bag over the head of his partner. In 1999, the General Assembly enacted Chapter 434, Maryland Laws 1999 (House Bill 603), which was codified in section 6-312 of the Courts & Judicial Proceedings Article. [9] However, whether a person qualifies as an expert in a particular case depends upon the facts of that case and the witness' qualifications. 2014) Annotate this Case. counts. Read Paper. Forbes v. Napolitano (2000) was a US court case that established that Arizona researchers could use fetal tissues from induced abortions for basic scientific research, for instance, as a source of stem cells.The case challenged the constitutionality of the Arizona Revised Statute (ARS) 36-2303 in the Ninth Circuit US Court of Appeals, a law that banned researchers from using fetal tissues … R v Brown [1993] UKHL 19, [1994] 1 AC 212 is a House of Lords judgment which re-affirmed the conviction of five men for their involvement in consensual unusually severe sadomasochistic sexual acts over a 10-year period. He died on November 11, 1997 at 67 years of age. [1975] 2 All ER 193 at 194 Cases also cited R v Collier [1960] Crim LR 204. The Brown ruling indicated a fundamental shift in opinion on the part … 557 (Cal. Attempted Rape – No Consent – Husband and Wife – s1(1) Sexual Offences (Amendment) Act 1976 – Marital Rape Exemption – Common Law Fiction. Updated: November 10, 2011 . Consensual sadomasochism(SM) constitutes criminal assault in the United Kingdom. 2014), the Ninth Circuit explained that "[t]he correct legal standard for deciding a motion to terminate supervised release is set forth in 18 U.S.C. Affirmed Emmett v. Warden of Sussex I State Prison, 269 Va. 164, 609 S.E.2d 602 (Va. 2005) (Stae Habeas) Most agree for judges to change position through case law would be wrong and inappropriate use of power and any changes should be through legislation. Judgment (Accessible PDF) Judgment on BAILII (HTML version) Cited – Regina v Emmett CACD 18-Jun-1999 The defendant appealed against conviction after being involved in sexual activity which he said was not intended to cause harm, and were said to be consensual, but clearly did risk harm. The judge is entitled to accept the foreperson’s affirmative response, if given without dissent (R v Leggatt [1971] VR 705; R v Coombes 16/4/1999 CA Vic). You can search by the SCC 5-digit case number, by name or word in the style of cause, or by file number from the appeal court. Opinion. 99SA277 THE PEOPLE OF THE STATE OF COLORADO, Plaintiff-Appellant, v. EMMETT H. GRAZIER, Defendant-Appellee. Pr. Re. No. 1988). Discuss with particular reference to the issue of consent and to relevant case law. As such, Emmett was required to bring suit on its claims within three years of this date, which was February 12, 2002. The Supreme Court of Canada is the highest appeals body in Canada’s judicial system.It is the final arbiter of law in a court system based primarily on common law (using judicial precedent) and on respect for the rule of stare decisis — the notion that courts of appeal may modify or overturn lower court decisions, to ensure there is … v.The Board of Education of Topeka, Kansas legal case was decided by the Supreme Court.This historic ruling overturned the duel system mandated under the 1896 Plessey v.Ferguson and banned segregated public educational facilities. The accused argued that as Mi’kmaq Indians, they were not required to obtain provincial authorization to log because they have a right to log on Crown lands for commercial purposes pursuant to treaty or aboriginal title. Emmett 1999 The defendant and girlfriend had sex which resulted in haemorrhage to girlfriendÕs eye and burns on breast. Extent of consent/ sexual activity Court of appeal upheld defendant conviction as harm caused more than transient or trivial. T he remaining $1,000 was h eld fo r th e chancery court to later allo cate after review of Emmett and Patricia’s detailed summary of the restoration costs of a home belonging to the estate of William Lavell Graves, their father. 6 General Permits for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massa chusetts North Coastal Watersheds, Authorization to Discharge under the National Pollutant Discharge Elimina- R v Cooke [1971] Crim LR 44. Updated: October 7, 2011 . See Common Law Assault for further information. CIVIL ACTION H-10-3610 . Case C-212/97 Centros [1999] Case C-213/89 R v Secretary of State for Transport, ex p Factortame [1990] Case C-224/01 Kobler [2003] Case C-233/12 Gardella [2013] ... Hollywood Silver Fox Farm v Emmett [1936] Holtby v Brigham and Cowan [2000] Holwell Securities v Hughes [1974] Honeywell [2010, German Constitutional Court] She suffered distress because of … IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ───̶───̶───̶───̶─── CALIFORNIA RESTAURANT ASSOCIATION, Plaintiff-Appellant, v. C. ITY OF . Abdul-Hussain 1999 Defendant and others hijacked plane which landed in UK as feared to return to Iraque Immediacy/Imminence Defendant was not guilty and Court of Appeal overturned convictions, threat need only be imminent Cole 1994 Defendant robbed building societies to repay debt as he and family was htreatened The Supreme Court has explained that a statute is prohibited as ex Facts: In July 2009, David Golding began a relationship with Cara Scott, also known as Cara Lee, which quickly became sexual. Summary Emmett G Edwards was born on June 21, 1930. Emmett 1999 The defendant and girlfriend had sex which resulted in haemorrhage to girlfriendÕs eye and burns on breast. Download Download PDF. Co., 85 Ohio St.3d 660, 1999-Ohio-292, 710 N.E.2d 1116. Extent of consent. This seems in stark contrast to decisions in cases where genuine consent existed but was not allowed, such as Leach [1969] and Brown (1993) . It has been 54 years since the Brown et al. Article 1, § 9 of the United States Constitution provides that "[n]o Bill of Attainder or ex post facto Law shall be passed." Eventually, he suffered severe injuries. 1383329, Plaintiff, v. DR. BETTY WILLIAMS, et al., Defendants. R v R [1992] 1 AC 599. See Henderson v State Farm Fire and Cas Co, 460 Mich 348, 353; 596 NW2d 190 (1999). This issue was preserved for appeal at R.516, page 20. b) Whether the trial court was correct in dismissing the case with prejudice. findings of fact made by the trial judge must be given great weight, Southern Title Guar. Hollywood Silver Fox Farm v Emmett [1936] 2 KB 468. The summary judgment evidence showed that, for the purposes of article 7.12, Emmett was a "dissolved corporation" with a dissolution date of February 12, 1999. Lord Neuberger, Lady Hale, Lord Hughes, Lord Toulson, Lord Thomas. § 1983. It was held in R v Savage, R v Parmenter [1991] 4 All ER 698 at 711, [1992] 1 AC 699 at 740 that a verdict of guilty of assault occasioning actual bodily harm is a permissible alternative verdict on a count alleging unlawful wounding contrary to s 20 (per Lord Ackner). 37 Full PDFs related to this paper. For nearly any African American of a certain age, seeing the photo of Emmett Till was a defining moment. The appellant changed his plea to guilty in relation to Count 2 … We look forward to a robust, substantive, and frank dialogue with the Government at … This page contains a form to search the Supreme Court of Canada case information database. R. Vol. We know that Emmett G Edwards had been residing in Draper, Pulaski County, Virginia 24324. “The case of R v Brown [1994] 1 AC 212 demonstrates the potential for prejudice to affect outcomes in criminal law cases.”. § 3583(e). In the instant case, each of these factors support the conclusion that the accused’s detention began the moment the police entered the backyard and made contact with the young men. Legal Case Summary. The murder of 14-year-old Emmett Till in 1955 brought nationwide attention to the racial violence and injustice prevalent in Mississippi. Court granted Defendants' Motion for Partial Summary Judgment. R v Golding [2014] EWCA Crim 889, Court of Appeal. The Emmetts first argue that the trial court erred in denying their motion to compel Regions Bank to produce certain documents. Law Revision: Criminal Case of the Month. This Paper. Under this new statute, effective on October 1, 1999, the form of service discussed in Mooring was no longer a form of substituted service. Subscribe. V. UNITED STATES FISH AND WILDLIFE SERVICE, ET AL., Respondents. 4). Cuyahoga No. Cases Announced January 18, 2000 OPINIONS No. , 64 Fed. In an appeal against conviction for two offences of assault occasioning actual bodily harm arising out of sado-masochistic acts between two consenting adults, the issue of consent was immaterial where there was a realistic risk of harm beyond a merely transient or trivial injury. 2008). R. Vol. 35 Mi’kmaq Indians were charged with cutting timber on Crown lands in Nova Scotia without authorization. It is based on the 1965 Selma to Montgomery voting rights marches initiated and directed by James Bevel and led by Martin Luther King Jr., Hosea Williams, and John Lewis.The film stars actors David Oyelowo as King, Tom Wilkinson as President Lyndon B. Johnson, Tim Roth as George Wallace, … The claimant bred silver foxes for their fur. BARRY PATRICK EMMETT, TDCJ-CID NO. Court granted Defendants' Motion for Partial Summary Judgment. P. 56(c)(1), 16 A.R.S., Pt. The judge is entitled to accept the foreperson’s affirmative response, if given without dissent (R v Leggatt [1971] VR 705; R v Coombes 16/4/1999 CA Vic). Silver foxes are particularly timid and if disturbed when pregnant they are prone to miscarry. Summary Judgment Summary judgment is warranted where the pleadings and discovery, as well as any affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. STATE CASES James v. Galetka, 965 P.2d 567 (Utah App. OHIO FIRST DISTRICT COURT OF APPEALS 6 (Nov. 30, 1994); Johnston v. Univ. We review the grant of summary judgment de novo. Judgment (PDF) Press summary (PDF) Accessible versions. Questioning Witnesses. Facts: The defendant, in a group of sado-masochists, participated in consensual acts of violence against each other for sexual gratification. R v Rose [2017] EWCA Crim 1168, Court of Appeal, Criminal Division, Sir Brian Leveson P, Haddon-Cave J and Judge Inman QC Criminal law – … 13-50387 (9th Cir. Mixon v. Reg. They were convicted of a count of unlawful and malicious wounding and a count of assault occasioning actual bodily harm (contrary to sections 20 and 47 of the … By September 2009, he had infected her with an incurable genital herpes virus. 65623, 1994 Ohio App. ... R v Emmett; CA, Crim Div (Rose LJ, Wright, Kay JJ) 18 June 1999. R v Brown (Anthony Joseph) (1994) 1 AC 212 is a Criminal Law case concerning Non-Fatal Offences. For the reasons that follow, we AFFIRM. Touching Clothes R v Thomas (1985) 81 Cr App R 331: ‘The clothes a person is wearing are regarded as so intimately connected with the person that to touch the clothes is regarded as touching the person’ DPP v Darby [2002] NSWSC 1157 was the “search” by a drug detection dog illegal o Spitting Neal v The Queen (1982) 149 CLR 305 - spitting For the assault (spitting at Mr … Academic Assistance. 98 CA 30, unreported, at 18, 1999 WL 740248. Criminal Cases. Questioning Witnesses. Case No. House of Lords refused declaration as no con set to death. Judgement for the case R v Aitken Some RAF pilots were taking part in horseplay to which V consented. R V STEPHEN ROY EMMETT (1999) PUBLISHED June 18, 1999. in relation to Michael Emmett. In R v Emmett (unreported, 18 June 1999), as part of their consensual sexual activity, the woman allowed her partner to cover her head with a plastic bag, tying it tightly at the neck. On a different occasion, she agreed that he could pour fuel from a lighter onto her breasts and set fire to the fuel. See e.g. ... [1999] 1 S.C.R. 923 Before the H. Subcomm. The District Court found that any promise or agreement to transfer the car dealership to Plaintiff did not and could not include an agreement or … Facts. Justia Opinion Summary. The standards on summary judgment are familiar. on petition for a writ of certiorari to the united states court of appeals R v Jogee (Appellant) Judgment date. IV, p.795 - R. Vol. Case Summaries: 19 July 1999. realistic for this case. S & I Publishing Pty Ltd v Australian Surf Life Saver Pty Ltd; [1998] FCA 1463 - S & I Publishing Pty Ltd v Australian Surf Life Saver Pty Ltd (20 November 1998); [1998] FCA 1463 (20 November 1998) (Hill, R D Nicholson and Emmett JJ); 88 FCR 354; 168 ALR 396; (1999) ATPR ¶41–667; 43 IPR 581 1982, such as in the instant case, claimant must establish that the miner had pneumoconiosis arising out of coal mine employment and that his death was due to pneumoconiosis. They were convicted of S20 offences under OAPA 1861 but the Court of Appeal held their belief in the victim’s consent should have been considered (Richardson and Irwin (1999)). Summary of this case from United States v. Frazier IV, p.795 - R. Vol. no. Rptr. 33 Full PDFs related to this paper. 09-160 in the supreme court of the united states united states department of defense, et al., petitioners v. american civil liberties union, et al. Facts: The defendant were schoolboys who and got involved in a game whereby two other boys were threw the victim into the air with the intention of catching him as a part of a joke. William L died on December 17, 2000 at 87 years of age. 09-20-2012 . The defendant married his wife (complainant) in August 1984. For example, consent is not available as a defence when death occurs during sado-masochistic sexual activities (R v Stein (2007) 18 VR 376; R v Emmett 18/6/1999 Vic CA; R v McIntosh [1999] VSC 358). Case Summary for March 4, 2008. Robinson v. Bibb, 840 F.2d 349 (6th Cir.1988); Wallace v v. Galatis2 “a policy of insurance that names a corporation as an insured for uninsured or underinsured motorist coverage covers a loss sustained by an employee of the corporation only if the loss occurs within the course and scope of 1Scott-Pontzer v. Liberty Mut. There is no rule of law prohibiting jurors from questioning witnesses (R v Lo Presti [1992] 1 VR 696; R v Cvijic 21/2/1986 Vic CCA; R v Boland [1974] VR 849). Summary William L Case was born on April 12, 1913. 56. United States v. Emmett, No. Case 12.626 - Jessica Lenahan (Gonzales) v. United States. SC, App Div) Mount Isa Mines Ltd v Pusey [1970] HCA 60; Mulligan v Coffs Harbour City Council (2005) HCA 63; Nagle v Rottnest Island Authority [1993] HCA 76; Perre v Apand (1999) 198 CLR 180; Rixon v … ''\1\ ----- \1\The Emmett Till Unsolved Civil Rights Crime Act: Joint Hearing on H.R. CA allow the appeal saying that this was distinct from Brown since (1) there was no aggressive intent, (2) because the wife wanted it, not out of desire … 18 Feb 2016. 201; Ingles v. Tutkaluk Construction Ltd., 2000 SCC 12, [2000] 1 S.C.R. Justices. Co., v. Bethers, 761 P.2d 951 (Utah Ct. App. See Emmett v. Johnson, 532 F.3d 291, 297 (4th Cir. If alarmed when they have young they may devour them. The injuries were inflicted during consensual homosexual sadomasochist activities. David executed the current app eal on November 7, 2011. the moving party is entitled to a judgment as a matter of law." The Prior Case Law The three cases discussed in detail by their Lordships and perceived to be the most directly relevant in interpreting the statute were R v Coney,4 R v Donovan,5 and Attorney General's Reference (No 6 of 1980).6 In Coney, the defendant was charged with common assault. R. Civ. [1] This comes from R v Brown, [2] a House of Lords case in which a group of men were convicted for their involvement in consensual sadomasochistic sexual acts. Explore the site for more case summaries, law lecture notes and quizzes. A trial court may grant a motion for summary disposition under MCR 2.116(C)(8) on the ground that “[t]he opposing party has failed to state a claim on which relief can be granted.” A party is entitled to summary disposition under Even now, nearly 50 years later, Emmett's name evokes a chill down the back, an abrupt pang of fear, and the discomforting knowledge that his fate might have been our own, or that of a son, brother, or friend. The District Court found that any promise or agreement to transfer the car dealership to Plaintiff did not and could not include an agreement or … The summary judgment evidence showed that, for the purposes of article 7.12, Emmett was a "dissolved corporation" with a dissolution date of February 12, 1999. By September 2009, he had infected her with an incurable genital herpes virus. A short summary of this paper. V, p.804. Jurisdiction / Tag (s): UK Law. As such, Emmett was required to bring suit on its claims within three years of this date, which was February 12, 2002. Extent of consent/ sexual activity READ PAPER. The judge said he was bound to convict because precedent suggested that such an infliction was not negatived by consent. 1. Court Case Records. In the Australian case Townsend & Director-General, Department of Families, Youth and Community (1999) 24 Fam LR 495, [INCADAT cite: HC/E/AU 290] negotiation over the course of 12 months was taken to amount to acquiescence but, notably, in the court's exercise of its discretion it decided to make a return order. Mednet, 8th Dist. Case ID. Judgment details. summary judgment against him. According to the Southern Poverty Law Center, ``The killers in most of the cases have not been prosecuted or convicted, and today, there are many cases that still cry out for justice. R v Grimwood [1962] 3 All ER 285, [1962] 2 QB 621, CCA. 68,781 (Dec. 8, 1999). 533 (“ Marshall 2 ”), when it stated that “ [t]he treaty right permits the Mi’kmaq community to work for a living through continuing access to fish and wildlife to trade for ‘necessaries’” (para. (2008) 225 Man R (2d) 167, Manitoba Court of Appeal.75. (3d) 62 (Alta. Accordingly, we conclude that Emmett does not suffer from any mental retardation that would constitutionally restrict the imposition of the death sentence in this case. Other Courts of Appeals that have addressed this issue have generally held that a rule may be clearly established by the Supreme Court, the appropriate Court of Appeals, or the highest court in the state in which the case arose. Subsequently, they sought to rely on the consent of the victim. Free Press, $19.95. Pursuant to 5TH CIR. Fed. UKSC 2015/0015. Here the Victoria Court of Appeal relied on Brown [1994] 1 AC 212 and Emmett [1999] EWCA Crim 1710.74. 454, 402 P.2d 142].) in the case of Lemonnier, £1,000 in the case of Brian Emmett, and £20,705.21p. The trial court entered convictions which were … Standard of review is correctness, Valley Colour. V, p.804. Download Download PDF. He also gave a ruling to the effect that there was no defence in law to Counts 2 and 4 in view of the decision of this Court in Emmett [1999] EWCA Crim 1710. Rptr. _____ On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit _____ BRIEF OF AMICI CURIAE SCIENTISTS IN SUPPORT OF RESPONDENTS _____ B. H S EAN ECHT Counsel of Record UCLA School of Law Sunday 18 July 1999 23:02. … Selma is a 2014 historical drama film directed by Ava DuVernay and written by Paul Webb. A motion for summary judgment will be granted only if there exists no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. §§718.201, 718.202, 718.203, 718.205(c); Trumbo v. Reading Anthracite Co., 17 BLR 1-85 (1993); Neeley v. Director, OWCP, 11 BLR 1-85 (1988); Boyd v. Director, 2; see also Orme Sch. On a different occasion, she agreed that he could pour fuel from a lighter onto her breasts and set fire to the fuel. 1998), cert, denied, 982 P.2d 88 (Utah 1999) 19 Moles v. Regents of University of California, 187 Cal. The key issue facing the Court was whether consent was a valid defence to assault in these circumstances. (People v. Davis (1965) 62 Cal. ... Handbook of Chemistry and Physics 84th - David R Lide. Neutral citation number [2016] UKSC 8. In its Order on that motion, the district court denied summary judgment on the first two counts of breach of oral contract and breach of the covenant of good faith and fair dealing, but granted summary judgment on the remaining three counts of quasi-contract, breach of written contract (in the alternative) and fraud. He was convicted of occasioning actual bodily harm. We know that William L Case had been residing in Emmett, Gem County, Idaho 83617. ... Holtcamp was represented during argument by Emmett Queener of the public defender's office in Columbia, and the state was represented by James Layton of the attorney general's office in Jefferson City. In June 1999, he pleaded guilty in Johnson County to second-degree statutory sodomy. See State v. Gilliam (June 10, 1999), Lawrence App. A man branded his wife’s buttocks with a hot knife. Hyam v Director of Public Prosecutions [1974] 2 All ER 41, [1974] 2 WLR 607, 59 Cr App Rep 91, HL. In R v Emmett (unreported, 18 June 1999), as part of their consensual sexual activity, the woman allowed her partner to cover her head with a plastic bag, tying it tightly at the neck. Motherwell et al v Motherwell (1976), 73 D.L.R. Full PDF Package Download Full PDF Package. He and others had . The judge made the agreed confiscation orders and imposed sentences of imprisonment in default. Emmett an d Patricia . This remains a very controversial area of law which involves such wide ranging issues which infringe on morals and ethics. See Common Law Assault for further information. On the first … It also provides links to case-notes and summaries. Ariz. R. Civ. R v Whybrow (1951) 35 Cr App Rep 141, 14 Digest (Repl) 668, 6753. This page provides a list of cases cited in our Criminal Law Lecture Notes, as well as other cases you might find useful. Interlocutory Appeal from the District Court, Mesa County Honorable Nicholas R. Massaro, Judge EN BANC RULING AFFIRMED JUSTICE HOBBS delivered the Opinion of the Court. The 73rd United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives.It met in Washington, D.C. from March 4, 1933, to January 3, 1935, during the first two years of Franklin D. Roosevelt's presidency. Based on R.C. In the present case, the trial court advised Carter that a twelve-month prison sentence would be imposed for violation of community control sanctions. Inc. v. It was agreed that a confiscation order in the sum of £1,000 should be made against Peter Bracken, in the sum of £37,484.32p. Grimes v New South Wales Crime Commission [2021] NSWCA 238 (01 October 2021) (Meagher JA; Simpson AJA) Orders: (1) Dispense with Uniform Civil Procedure Rules 2005 (NSW), r 7.14 with respect to the commencement and carrying on by the applicant of his application for leave to appeal. (2008) 225 Man R (2d) 167, Manitoba Court of Appeal.75. On August 26, 1996, Mrs. Cabbage died, and Nolan and Claud Richard Emmett were appointed co-executors of her will. A summary of the House of Lords decision in Gillick v West Norfolk and Wisbech AHA. Criminal Law Notes and Cases.pdf. Emmett Spooner, pro se and in forma pauperis, appeals the summary judgments dismissing his claims against the appellees under 42 U.S.C. Significance of the Study. The Court reiterated this understanding in R. v. Marshall , 1999 CanLII 666 (SCC), [1999] 3 S.C.R. v. Reeves, 166 Ariz. 301, 309, 802 P.2d 1000, 1008 (1990). Introduction. SHARE. STEPHEN ROY EMMETT, R v. [1999] EWCA Crim 1710 (18th June, 1999) No: 9901191/Z2 IN THE COURT OF APPEAL CRIMINAL DIVISION Royal Courts of Justice The Strand London WC2 Friday 18th June 1999 B E F O R E : THE VICE PRESIDENT (LORD JUSTICE ROSE) MR JUSTICE WRIGHT and MR JUSTICE KAY - - - - - - - - - - - - R E G I N A - v - STEPHEN ROY EMMETT - - - - - - - - - … 2d 791 , 801 [44 Cal. Dear Dr. Canton, Petitioners submit this letter in anticipation of the March 24, 2012 working meeting in the above-mentioned case. In R v Emmett [1999] EWCA Crim 1710 (which the judge very properly drew to the attention of counsel in his discussion with them) the appellant in the course of sexual activity with his female partner and with her consent covered her head with a plastic bag which he tied at her neck with a ligature and which he then tightened to her point of endurance.
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