Rex v Orchard and Thurtle: 1848

(Old Bailey) The defendants were each charged with exposure to each other and the commission of lewd acts in a urinal in a market which was alleged to be a public place; no one could see in from the outside. The prosecution argued that if the defendants committed an act in a place where the public could enter and witness what was happening then that was sufficient.
Held: The place was not a public place for the purpose of the offence as everyone who entered had to expose himself and exposure to one person was not enough.

Judges:

Cresswell J

Citations:

(1848) 3 Cox CC 248

Jurisdiction:

England and Wales

Cited by:

CitedHamilton, Regina v CACD 16-Aug-2007
The defendant appealed his conviction for outraging public decency. He had surreptitously filmed up the skirts of women in a supermarket. The offence was only discovered after the films were found on a search of his home for other material. The . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 24 November 2022; Ref: scu.258780