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 only recorded and seen the following morning by the manager of bank reviewing the tape.
Held: The appeal succeeded. The common law offence of outraging public decency required at least two witnesses to the act. Though others might have seen the act there was no evidence of this.
Judges:
Stanley Burnton J
Citations:
Times 12-Apr-2006, [2006] EWHC 852 (Admin), [2006] 1 WLR 2626
Links:
Jurisdiction:
England and Wales
Citing:
Cited – 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 – Regina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Cited – Regina v Walker CACD 14-Apr-1995
The offence of ‘Outraging public decency’ involves a need for at least two witnesses and a breach of decency. There must be some possibility of an impact on the public. . .
Cited – Rex v Webb 1848
(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 . .
Cited – Regina v Farrell 1862
An alleged indecent exposure to only one person did not contravene the common law. . .
Cited – Regina v Shorrock CACD 1993
The defendants used land for an unauthorised ‘acid party’ which caused substantial inconvenience and disruption to neighbours. The defendant denied that he had had the requisite knowledge to be criminally liable.
Held: This was capable of . .
Cited – Regina v Mayling 1963
To establish the offence of outraging public decency, it is not necessary to prove that any particular person was outraged. . .
Cited by:
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: 27 October 2022; Ref: scu.241289