The defendants appealed against their convictions under common law for keeping a disorderly house. They were landlords using an agreement requiring the tenant not to be used for immoral purposes. There was evidence of limited sexual activity. Only one girl had been seen and therefore the charge under the 1956 Act was withdrawn.
Held: the common law offence had not been abolished. Nevertheless even at their highest the acts alleged could not amount to the offence: ‘The criminality which should have been alleged was that the appellants allowed the premises of which they were tenants to be used for prostitution. That however cannot be an appropriate basis for upholding the use of the common law charge.’
Judges:
Judge LCJ, Holman, Openshaw JJ
Citations:
[2012] EWCA Crim 133
Links:
Statutes:
Sexual Offences Act 1956 33A, Sexual Offences Act 2003
Jurisdiction:
England and Wales
Citing:
Cited – Rex v Berg and others CCA 1927
The defendants were said to have conducted a disorderly house in providing exhibitions of a perverted nature.
Held: The common law offence of keeping a disorderly house is committed when the house is so conducted as to violate law and good . .
Cited – Regina v Quinn and Others 1962
Premises were used for the performance of acts which were ‘seriously indecent and, in some respects, revolting’, and the public was invited to resort to the premises for indulging in ‘perverted and revolting practices’.
Held: The conviction . .
Cited – Regina v Tan CA 1983
Tan and others were accused of keeping a disorderly house having advertised: ‘Humiliation enthusiast, my favourite past time is humiliating and disciplining mature male submissives, in strict bondage, lovely tan coloured mistress invites humble . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 04 October 2022; Ref: scu.450998
