Regina v Holmes: 1853

The defendant had exposed himself on a bus. He was indicted for exposing himself in a public vehicle frequented and used by divers subjects of the Queen ‘to the view of’ them and in a second count for exposing himself in a public place. It was contended that there was no offence because the bus was not a public place so as to constitute a nuisance.
Held: A full court of five judges considered the case.
Lord Campbell CJ said: ‘It would be a disgrace to the law if we had any doubt that both counts are good. The defendant exposed himself in a public omnibus in the New Road in the presence of several women and this country would not be a fit place to live in if this were not an offence.’
Parke B held that the omnibus was a public place and exposure to more than one person was an offence.

Judges:

Lord Campbell CJ, Parke B

Citations:

(1853) 1 Dears 207

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.258781