R v L

JurisdictionAustralia Federal only
Neutral Citation[1991] HCA 48,1991-1203 HCA D
Year1991
Date1991
CourtHigh Court

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5 cases
  • PGA v The Queen
    • Australia
    • High Court
    • 30 May 2012
    ...— Whether presumption of consent by wife in marriage was part of common law of Australia — Whether statement of common law in R v L (1991) 174 CLR 379 Words and phrases — ‘common law’, ‘marital exemption’, ‘marital immunity’, ‘presumption of consent’, ‘rape’, ‘retrospective application’. ......
  • Magill v Magill
    • Australia
    • High Court
    • 9 November 2006
    ...39 Heydon, Cross on Evidence, 7th Aust ed (2004) at §25190. 40 (1789) 3 TR 51 [ 100 ER 450]. 41 See the judgment of Brennan J in R v L (1991) 174 CLR 379 at 42Garcia v National Australia Bank Ltd (1998) 194 CLR 395 at 404 [21]–[22] per Gaudron, McHugh, Gummow and Hayne JJ, 432–433 [76] per......
  • Barclay v Penberthy
    • Australia
    • High Court
    • 2 October 2012
    ...v Perpetual Trustee Co (Ltd) (1952) 85 CLR 237 at 248. 201 (2012) 86 ALJR 641 at 651 [30]; 287 ALR 599 at 607; [2012] HCA 21. 202 See also R v L (1991) 174 CLR 379 at 389–390, 405; [1991] HCA 203 The proposition was stated in the extra-judicial writings of Sir Matthew Hale, Lord Chief Jus......
  • Fox v Percy
    • Australia
    • High Court
    • 30 April 2003
    ...353 at 359. 157 (1994) 179 CLR 520. 158 (1988) 165 CLR 107. 159 (1992) 175 CLR 353. 160 (1992) 175 CLR 1. 161 (1992) 174 CLR 313. 162 (1991) 174 CLR 379. 163 (2002) 77 ALJR 40; 192 ALR 164 (2001) 206 CLR 512. 165Evidence Act 1995 (NSW):ss 135 and 136 confer very wide discretionary powers of......
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8 books & journal articles
  • The Australian Constitution's Influence on the Common Law
    • United Kingdom
    • Sage Federal Law Review No. 31-1, March 2003
    • 1 March 2003
    ...Brennan, Deane and Dawson JJ agreeing); Lamb v Cotogno (1987) 164 CLR 1, 11(Mason CJ, Brennan, Deane, Dawson and Gaudron JJ); R v L (1992) 174 CLR 379, 389-390(Mason CJ, Deane and Toohey JJ); Perre v Apand Pty Ltd (1999) 198 CLR 180, 247 (GummowJ); Esso v FCT (1999) 201 CLR 49, 61–3 [23]–[2......
  • Reasoning with the Foundations of Rules
    • United Kingdom
    • Sage Federal Law Review No. 46-1, March 2018
    • 1 March 2018
    ...Hale’s publication has been questioned: PGA (2012) 245 CLR 355, 376 [40], [42] (French CJ, Gummow, Hayne, Crennan and Kiefel JJ); R v L (1991) 174 CLR 379, 401 (Brennan J). 22 (1888) 22 QBD 23 (‘Clarence’), cited in PGA (2012) 245 CLR 355, 390–1 [96] (Heydon J). 23 [1992] 1 AC 599. 24 Ibid ......
  • The Interpretation of Legal Terms Used in the Definition of Commonwealth Powers
    • United Kingdom
    • Sage Federal Law Review No. 35-2, June 2007
    • 1 June 2007
    ...wife and once did not but now does allow _____________________________________________________________________________________ 36 R v L (1992) 174 CLR 379, 396 (Brennan J). 37 Re Wakim; Ex parte McNally (1999) 198 CLR 511, 553 (McHugh J) ('Re Wakim'). 2007 Interpretation of Legal Terms 255 ......
  • A CHARITY IN ALL BUT LAW: THE POLITICAL PURPOSE EXCEPTION AND THE CHARITABLE SECTOR.
    • Australia
    • Melbourne University Law Review Vol. 42 No. 2, January 2019
    • 1 January 2019
    ...in the High Court of Australia said in dicta that marital rape was no longer part of the common law, if it had ever been: R v L (1991) 174 CLR 379, 390 (Mason CJ, Deane and Toohey JJ). A different majority in the High Court later expressly held that immunity for marital rape had ceased to b......
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