ALLAHABAD HIGH COURT
Lord Wilberforce, L, Viscount Dilhorne, L, Lord Salmon, L, Lord Edmund-Davies, L, Lord Keith, L
Hoskyn v. Commr. of Police for the Metropolis
| Table of Content |
|---|
| 1. legal point of wife as compellable witness established. (Para 1 , 2) |
| 2. wife's willingness and compulsion to testify against her husband. (Para 3 , 24) |
| 3. general principles of witness competence and compellability. (Para 4 , 5 , 6) |
| 4. overruling r. v. lapworth regarding wife’s compellability. (Para 19 , 20) |
| 5. conclusion: appeal allowed and conviction quashed. (Para 22 , 46 , 70 , 88) |
1. My Lords, the following point of law has been certified as of general public importance: whether a wife is a compellable witness against her husband in a case of violence on her by him. It arises on the appellant's appeal, by leave of this House, against his conviction for wounding with intent to do grievous bodily harm.
2. The appellant was charged at the Central Criminal Court inter alia (i) with assaulting one Bailey thereby occasioning him actual bodily harm, and (ii) with wounding Janis Ann Scrimshaw (sic) with intent to do grievous bodily harm. The woman concerned was so described because at the date of the alleged wounding and at the date of the committal proceedings she was not married to the appellant and that was her maiden name. The marriage only took place on 2nd October 1
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