Sentences with phrase «public decency»

The two person rule in respect of establishing the public element of the offence of outraging public decency contrary to the common law can be satisfied if there were two or more people present who were capable of seeing the nature of the act, even if they did not actually see it.

Nude (2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.

It was not enough that the act was lewd, obscene or disgusting and that it might shock people; it had to be of such a character that it outraged minimum standards of public decency as judged by the jury in contemporary society.

Arthur Koestler was one of the great defenders of public decency in this century, and in January 1944 he published an article in the New York Times Magazine that was titled «On Disbelieving Atrocities.»

The defendant was subsequently convicted of committing an act of outraging public decency contrary to the common law.

It must clearly be noted that this was in essence far more a demonstration of political loyalty than of religious worship; and it must still more clearly be noted that Rome was the reverse of intolerant, and, if a man made this confession of political faith, he could then go away and worship any god he liked, so long as that worship did not conflict with public decency and order.

Thus in Sedley's case (1675) Strange 168, 1 Sid 168, the defendant pleaded guilty to outraging public decency where he had appeared naked on the balcony of a house and had urinated on several people present.

The ongoing dispute is not between censors and civil libertarians, but over what standards should prevail in defining public decency.

Trying to figure out these arbitrary numbers and rules that were apparently designed and implemented for the sake of maintaining public decency and morality so I'll know how when to be offended, and improve my chances of being inoffensive.

The battle over public decency, women's rights over her body, and breastfeeding versus formula - only have created a tense environment.

, homeowners associations, public decency laws (or whatever term is used for the laws that make it illegal to run naked through the street), etc..

People who yearn for old - fashioned public decency might be surprised to talk to historian Angela McShane - Jones at the University of Warwick.

In doing so they also address the depictions of homosexual video game characters and the bizarre public decency of John Shaft.

These are typically framed as defences to human rights complaints (e.g. blanket defences for hiring one's own personal care attendant; BFOQ defences permitting discrimination on the basis of sex because of the nature of the employment; and public decency defences for exclusion in the provision of goods and services.

Characterising the offence in this manner, counsel for the appellant argued that since no one witnessed the appellant filming, no one saw a lewd act and hence public decency had not been outraged.

The appellant was subsequently tried on various counts before the Crown court, including counts 11 to 15 alleging that he had committed an act of outraging public decency by filming up the women's skirts.

In short, a person may be convicted of the offence of outraging public decency even where the relevant obscene or lewd act has not actually been witnessed; it is enough that there were people present and the act was capable of being seen.

Furthermore, the offence of outraging public decency does not fall under the sex offenders» notification requirements, while a voyeur convicted under section 67 can be made subject to notification if the sentence passed is over a certain threshold or if the victim is under 18.

For example, the offence of outraging public decency criminalises lewd, obscene or disgusting behaviour committed in public, but requires for the act to have taken place in the presence of two or more people.

Moreover, the purpose of the requirement that the act be of such a kind that it outraged public decency went to setting a standard which the jury had to judge by reference to contemporary standards; it did not require that someone saw the act and was outraged.

As the law says, a person is considered «nude» not only when completely naked, but also if clad in a way that offends against public decency or order.

Prosecutors charged Shannon Denney, 32, with outraging public decency and public morals, punishable by up to a year in jail and a $ 500 fine.

The argument for no standards is an argument against the very idea of public decency.

But during an eleven - day trial at Guildford Crown Court, a jury took less than four hours to acquit him of all two dozen indecent assault counts, and one count of outraging public decency.

As the former congressman tries to regain a semblance of public decency and political clout, the camera continues to roll as we watch an ambitious man's dreams collapse around him thanks to the contemporary issues of media overexposure.

As part of our plea agreement, the defendant pled no contest to the misdemeanor offense of outraging public decency.

But the Ministry weigh the fee - collecting impulse against the public decency impulse.

Surely they must know that various politicians are just waiting for the perfect excuse to ban San Andreas and kin in the name of public decency, and now here Rockstar has handed those politicians just what they wanted.

When it was first exhibited in Paris in 1917, Amedeo Modigliani's female nude Nu couché (sur le côté gauche) caused such a stir that the police were called and the gallerist was accused of outraging public decency.

In the interests of public decency, the pee bale will only be in use outside of visiting hours, but even then it is estimated that it will save upwards of 1,000 individual trips to the bathroom over a year.

In that case, where the defendants had been convicted on two counts of conspiracy to corrupt public morals and conspiracy to outrage public decency in respect of the publication of a magazine which contained advertisements inviting readers to engage in homosexual acts, the House of Lords was split about whether a common law offence of conspiracy to outrage public decency existed.

In the judgment of the Court of Appeal, these 19th century cases established that for the offence to have been committed, it was incumbent on the prosecution to prove: - that the relevant act was of such a lewd character to outrage public decency; and - that the act took place in public and must have been capable of being seen by at least two people who were present, even if they had not actually seen it.

In relation to outraging public decency, public «refers to places in which the offence is committed».

In future, however, it seems likely that outraging public decency will be confined to those acts which do not fall squarely within the scope of a statutory offence.

With these criticisms in mind, the latest in a long line of cases, R v Hamilton [2007] EWCA Crim 2026, [2007] All ER (D) 99 (Aug), merits consideration to determine what light it throws, if any, on the elements of the offence of outraging public decency.

«Outraging public decency» goes considerably beyond offending the susceptibilities of, or even shocking, reasonable people.»

Turning to the related question, whether the act was such as to outrage public decency, Thomas LJ noted the decision of the House of Lords in Knuller (Publishing, Printing and Promotion) Ltd v DPP [1972] 2 All ER 898, [1972] 3 WLR 143.

In its report Conspiracy and Criminal Law Reform (1976), Law Com No 76, the Law Commission recommended that the common law offence of outraging public decency be abolished.

It was contended on behalf of the appellant that the law relating to the offence of outraging public decency had developed in such a way that the offence was confined to those instances where the necessary lewd act had been witnessed by at least one person, and the public nature of the offence was only satisfied if, in addition, at least one other person either had or could have seen the act.

Professor Ormerod has suggested that these words indicate that in the future, prosecutions for outraging public decency may become more scarce.

Although this view was expressed more than 30 years ago, the offence remains and outraging public decency has continued to attract criticism in the years that have followed.

«Whether on the evidence allowed before the court an offence of outraging public decency had been committed, as no one other than the appellant was shown to be aware of what he was doing when he was filming.»

The essence of the prosecution's case was that the offence of outraging public decency consisted of three elements relating to the relevant act: - that it was committed in public; - that it was of such a lewd, obscene and disgusting character to constitute an outrage to public decency; and - that it was either seen or was capable of being seen by at least two members of the public present at the time.

On the question of the meaning of outraging public decency, Lord Simon opined:

The first of these elements consists of two parts: an act which is lewd, obscene or disgusting; and which is such as to outrage public decency.

The Code exempts the category of sex when the maintenance of public decency is involved.

He was charged with the common law offence of outraging public decency.