About: Jamieson v HM Advocate

Facets (new session)
Description
Metadata
Settings
- Rule:
- Inverse Functional Properties:
- "Same As":

About: Jamieson v HM Advocate Goto Sponge NotDistinct Permalink

An Entity of Type : yago:Right105174653, within Data Space : dbpedia.demo.openlinksw.com associated with source document(s)
QRcode icon

http://dbpedia.demo.openlinksw.com/describe/?url=http%3A%2F%2Fdbpedia.org%2Fresource%2FJamieson_v_HM_Advocate

Jamieson v HM Advocate is a notable legal case which established a precedent in Scotland which held that a man does not commit rape where he honestly, albeit unreasonably, believes his victim is consenting. This was a criminal case decided by the High Court of Justiciary sitting as the Court of Criminal Appeal. The appeal case was heard before a panel of three judges with the Lord Justice-General (Lord Hope) as president, with Lord Allanbridge and . The case is reported at 1994 SLT 537.

Attributes	Values
rdf:type	yago:WikicatWomen'sRightsInScotland yago:Abstraction100002137 yago:Abstraction105854150 yago:Cognition100023271 yago:Concept105835747 yago:Content105809192 yago:Idea105833840 yago:PsychologicalFeature100023100 Supreme Court of the United States case yago:Right105174653
rdfs:label	Jamieson v HM Advocate (en)
rdfs:comment	Jamieson v HM Advocate is a notable legal case which established a precedent in Scotland which held that a man does not commit rape where he honestly, albeit unreasonably, believes his victim is consenting. This was a criminal case decided by the High Court of Justiciary sitting as the Court of Criminal Appeal. The appeal case was heard before a panel of three judges with the Lord Justice-General (Lord Hope) as president, with Lord Allanbridge and . The case is reported at 1994 SLT 537. (en)
dcterms:subject	High Court of Justiciary cases Rape in Scotland 1994 in Scotland 1994 in case law Women's rights in Scotland 1994 in British law
Wikipage page ID	2312119 (xsd:integer)
Wikipage revision ID	1032957575 (xsd:integer)
Link from a Wikipage to another Wikipage	Precedent Scotland Scots Law David Hope, Baron Hope of Craighead High Court of Justiciary cases Rape in Scotland Criminal law Mens rea 1994 in Scotland Common law William Stewart, Lord Allanbridge Legal case High Court of Justiciary 1994 in case law Women's rights in Scotland 1994 in British law Rape Reasonable man Lord Justice-General Sexual Offences (Scotland) Act 2009 Senators of the College of Justice dbr:Lord_Cowie
sameAs	Jamieson v HM Advocate Jamieson v HM Advocate Jamieson v HM Advocate Jamieson v HM Advocate
dbp:wikiPageUsesTemplate	dbt:Reflist dbt:Use_British_English dbt:Use_dmy_dates dbt:Scots_law
has abstract	Jamieson v HM Advocate is a notable legal case which established a precedent in Scotland which held that a man does not commit rape where he honestly, albeit unreasonably, believes his victim is consenting. This was a criminal case decided by the High Court of Justiciary sitting as the Court of Criminal Appeal. The appeal case was heard before a panel of three judges with the Lord Justice-General (Lord Hope) as president, with Lord Allanbridge and . The case is reported at 1994 SLT 537. The decision relies upon the point that in Scots Law, a criminal act consists of two elements, the factual act done and the mens rea or intention of the perpetrator in carrying out that action. The crime of rape consisted, at that time, of a man having vaginal sexual intercourse with a woman without her consent, with the crime of rape being defined at common law. Therefore, it was held that the mens rea element is that the man either believes the woman is not consenting or is "reckless or indifferent to the matter of consent". Accordingly, it was held that if the man genuinely believes the woman is consenting, he is not committing the specific crime of rape. This was established law per the cited cases of Sweeney v. X 1982 S.C.C.R. 509 and Meek v. H.M. Advocate 1983 S.L.T. 280. In Jamieson the specific point was whether this belief requires to be based on objectively reasonable grounds, or if it was sufficient that the alleged perpetrator genuinely held this belief even although another person in the same circumstances might not have the same belief. The decision was that honest belief is all that is required, although an absence of reasonable grounds to hold such a belief would affect whether a jury would accept if as a matter of fact he did genuinely believe this. This precedent is unlikely to be considered as still 'good law' as the Sexual Offences (Scotland) Act 2009 (which provided the first statutory definition of rape and of consent) states at S.1 (1)(b) that [a person 'A' commits rape upon 'B'] "(b)without any reasonable belief that B consents". (en)
gold:hypernym	Case
prov:wasDerivedFrom	wikipedia-en:Jamieson_v_HM_Advocate?oldid=1032957575&ns=0
page length (characters) of wiki page	2945 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Jamieson_v_HM_Advocate
is Link from a Wikipage to another Wikipage of	David Hope, Baron Hope of Craighead Jamieson Scottish criminal law List of Scottish legal cases Jamieson v HMA
is Wikipage redirect of	Jamieson v HMA
is Wikipage disambiguates of	Jamieson
is foaf:primaryTopic of	wikipedia-en:Jamieson_v_HM_Advocate

Faceted Search & Find service v1.17_git139 as of Feb 29 2024

Alternative Linked Data Documents: ODE Content Formats:

RDF

ODATA

Microdata

About

OpenLink Virtuoso version 08.03.3330 as of Mar 19 2024, on Linux (x86_64-generic-linux-glibc212), Single-Server Edition (378 GB total memory, 59 GB memory in use)
Data on this page belongs to its respective rights holders.
Virtuoso Faceted Browser Copyright © 2009-2024 OpenLink Software