Criminal Law: Ascertainability

Title
Criminal Law: Ascertainability
Publication Date
2007
Author(s)
Wright, Frances
Type of document
Journal Article
Language
en
Entity Type
Publication
Publisher
Vathek Publishing
Place of publication
United Kingdom
DOI
10.1350/jcla.2007.71.2.137
UNE publication id
une:9119
Abstract
The six appellants appealed against a decision of the Pitcairn Court of Appeal, sitting in New Zealand, upholding their convictions by the Pitcairn Supreme Court for rape and indecent assault under ss 1 and 14 of the Sexual Offences Act 1956. The offending had taken place over a period in excess of 30 years and the appellants and complainants comprised a substantial proportion of the population of Pitcairn. The proceedings were challenged by defence counsel on various grounds. The first challenge was to British authority over the Islands. The second challenge was to the assumption that the Sexual Offences Act 1956 applied in Pitcairn. The third argument was that the court should use its discretion to stay the proceedings because they were an abuse of process.
Link
Citation
Journal of Criminal Law, 71(2), p. 137-141
ISSN
1740-5580
0022-0183
Start page
137
End page
141

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