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R v J [2004] UKHL 42 – Ss 6(1), 14(1), 37(2) and Schedule 2 SOA 1956.

- statutory interpretation – time limits - related offences – abuse of process.
1) a statute cannot be construed by reference to an extraneous legal instrument.
- the court must give effect to all the provisions of a statute.
- the court must give effect to a clear and unambiguous statutory provision.
2) unlawful sexual intercourse with a girl under 16, contrary to s 6 SOA 1956, may not be charged as an indecent assault, contrary to s 12, when the time limit to prosecute under s 6 has expired.
- statutory time limit for a specific offence may not be circumvented by prosecuting another offence under the same statute alleging exactly the same conduct.
3) allowing a prosecution under s 14 to avoid the time limit applicable to s 6 would amount to a fraud upon an Act – acting in fraudem legis.

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