Sentences with phrase «public decency where»

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.

Not exact matches

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.

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.

The public element in the offence was satisfied if the act was done where people were present and the nature of what was being done was capable of being seen; the principle was that the public were to be protected from obscene or disgusting acts which were of a nature that outraged public decency and which were capable of being seen in public.

He submitted that the offence of outraging public decency, as developed by 19th century authorities, was confined to instances where a lewd act had been witnessed by a least one person.