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Director of Public Prosecutions v. Morgan

House of Lords
[1975] 2 All E.R. 347


Facts

Morgan (defendant), a pilot in the Royal Air Force, invited three fellow pilots (defendants) to his home to have sexual intercourse with his wife. Morgan told the men that his wife might “fake” consent by resisting, but in fact she enjoyed the struggle. Morgan’s wife was awakened from sleep and carried to another bedroom where each of the men held her down and had sexual intercourse with her. Defendants were charged with and found guilty of aiding and abetting rape. On appeal, defendants claimed they held an honest, though mistaken belief that Morgan’s wife had consented. The court of appeal affirmed the judgment of the trial court. The House of Lords granted defendants’ request for review.

Rule of Law

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Issue

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Holding and Reasoning (Hailsham, L.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Simon, L.)

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Dissent (Davies, L.)

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Dissent (Fraser, L.)

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