(Exchequer Chamber) The defendant was accused of having exposed himself to a barmaid in the bar of a public house when there was no one else in sight. The charge was for outraging public decency contrary to common law. She ran off and informed her husband. Nobody else had been in sight. The defendant argued that he should not have been convicted of outraging public decency as the indictment averred that he exposed and exhibited himself in the ‘presence’ (as opposed to ‘within sight and view’) of the woman and others; that it was essential it be in the sight of the public and that the words used in the indictment did not make this clear, and that only one woman was involved, and that the law required there to be two or more.
Held: There was no proof that the act had taken place in the presence of more than one person, and the charge failed. The judges differed as to their reasons.
Pollock CB observed in the course of argument: ‘This indictment says ‘in the presence of’; and it might be that the defendant took particular care that it should not be seen.’
Judges:
Pollack CJ, Cresswell Parke B
Citations:
(1848) 3 Cox CC 183, (1848) 2 Carr and K 933, (1848) 1 Den 338
Jurisdiction:
England and Wales
Citing:
Applied – Rex v Watson 1847
The defendant having indecently exposed himself in Paddington Churchyard to a 12 year old girl was charged with committing a public nuisance.
Held: Only one person had seen him. The charge could not be sustained unless there had been at least . .
Cited by:
Cited – Rose vDirector of Public Prosecutions Admn 16-Mar-2006
The defendant appealed his conviction for outraging public decency by behaving in an indecent manner contrary to common law. He had been in the foyer of a bank at night with a girl who performed oral sex. The action could have been seen, but was . .
Cited – Hamilton, 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 October 2022; Ref: scu.241291
