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Outraging public decency.

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  • Essay length: 641 words
  • Submitted: 28/01/2005
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GCSE Law

The first 200 words of this essay...

OUTRAGING PUBLIC DECENCY

As a common law misdemeanour, the offence of outraging public decency is triable only on indictment and is punishable with imprisonment fixed for a period at the discretion of the judge.

The act must be done in a place where at least two members of the public might see it. It is evident that Jane Horroll urinated in front of over 80 people at the theatre, this would mean that she has committed an act outraging public decency and it is irrelevant that the members of the audience were not outraged by this action.

In Lunderbech [1991] the defendant masturbated in a children's playground and was seen by only two police officers who did not testify that they were outraged, the court said that "where the act is plainly indecent and likely to disgust and annoy, the jury are entitled to infer such disgust and annoyance without affirmative evidence that anyone was disgusted or annoyed".

Therefore, the learned trial judge did not, as a matter of law misdirect the jury in Jane Horroll's case.

In May (1989) the courts held that it was irrelevant that the boys may have

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