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Man can be jailed for allegedly raping his wife 50 years ago, even though such a crime did not exist

TOPIC: Man can be jailed for allegedly raping his wife 50 years ago, even though such a crime did not exist

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#67185

Blackit

Man can be jailed for allegedly raping his wife 50 years ago, even though such a crime did not exist 13 Years, 3 Months ago

news.smh.com.au/breaking-news-national/s...-20110119-19w5o.html

A 79-year-old man can be prosecuted for allegedly raping his wife almost 50 years ago even though it wasn't a crime in 1963.

The South Australian Court of Criminal Appeal has paved the way for the man to be tried after a two-to-one judgment published this week

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#67193

Anon

Re:Man can be jailed for allegedly raping his wife 50 years ago, even though such a crime did not exist 13 Years, 3 Months ago
Bonkers! Enter code here Please note: although no board code and smiley buttons are shown, they are still usable.

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#67195

veritas

Re:Man can be jailed for allegedly raping his wife 50 years ago, even though such a crime did not exist 13 Years, 3 Months ago

an astounding decision and of course with Australian law basically identical to British law it sets a precedent that will be used in the UK.

What a can of worms this will open. And honestly, is a woman really dragging her husband into court over an alleged episode from 50 years. ago ?

Talk about a woman scorned !

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#67198

veritas

Re:Man can be jailed for allegedly raping his wife 50 years ago, even though such a crime did not exist 13 Years, 3 Months ago

could be overturned :

Top court asked to halt rape charge

www.theaustralian.com.au/news/nation/top...frg6nf-1225991968627

I can tell you know-most jurists hate attempts to make penalties retrospective and I reckon this will be overturned in the High Court.

Of course clueless politicians love to try and make penalties retrospective.

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#67201

SJB

Re:Man can be jailed for allegedly raping his wife 50 years ago, even though such a crime did not exist 13 Years, 3 Months ago

I do believe this is prohibited in international law and also Article 7 of ECHR. Not sure what rules apply to Australia though.

The idea of Nullum crimen, nulla poena sine praevia lege poenali is to stop despotic tyrants making up the rules as they go along for the sake of political expediency.

Hey, hold on a minute...

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