Details:
Please read the judgment from the case of R v R [1991] 4 All ER 481 and then prepare written answers to the questions below.
Explain, in your own words, the legal issue(s) in the case.
Both the Court of Appeal (as included in the HL decision) and Lord Keith of Kinkle in the House of Lords cite a number of earlier cases in R v R [1991], For example, R v Clarke [1949]; R v Miller [1954]; R v O’Brien [1974]; R v Steele [1976].
Why they do this?
What do such citations add to the judgement?
What is the ratio of the House of Lords?
What is the significance of the term ‘unlawful’ in s.1(1) of the Sexual Offences (Amendment) Act 1976? Lord Lane CJ in the Court of Appeal identified 3 solutions to the interpretation of the word ‘unlawful’.
Which solution did the House of Lords follow, and why?
Additional Information:
Your assignment should be between 1,500 and 2,000 words. You are allowed to go below or above this word count by no more than 10% without your mark being affected.
Your essay must include a minimum of 4 relevant quotations, accurately referenced from 2 different sources that you actively engage with during the research process.
Please refer to the OSCOLA Referencing.