Le Vine v Director of Public Prosecutions: Admn 6 May 2010

The appellant had been charged with, and convicted of, an offence contrary to section 4A(1) of the 1986 Act. He had allegedly gone into the laundry room in the basement of the sheltered accommodation where he and the complainant and others each had self-contained flats, shouting obscenities at the complainant. The Divisional Court dismissed his appeal from the magistrates’ court and upheld his conviction. The crucial question, the court concluded, was whether the laundry room could properly be described as part of a structure which was occupied as part of the appellant’s home. It held not. The laundry room was a communal room shared by those who lived in several homes in the building, but could not be regarded as part of the structure of any individual home.
Elias LJ, Keith J
[2010] EWHC 1128 (Admin), (2010) 174 JP 337
Bailii
Public Order Act 1986 4A(1)
England and Wales

Updated: 01 March 2021; Ref: scu.426044