R v Walker (Steven)
Jurisdiction | England & Wales |
Judgment Date | 06 April 1995 |
Date | 06 April 1995 |
Court | Court of Appeal (Criminal Division) |
Court of Appeal
Before Lord Taylor of Gosforth, Lord Chief Justice, Mr Justice Laws and Mr Justice Keene
Crime - outraging public decency - requirements
The common law offence of committing an act outraging public decency required more than the presence of at least two witnesses, since a further requirement was that the act had to be committed where a real possibility existed that members of the general public might witness the outrageous act.
The Court of Appeal so held when allowing an appeal by Steven Walker, aged 33, against conviction at Newcastle upon Tyne Crown Court (Judge Paling and a jury) of committing an act of a lewd, obscene and disgusting nature and outraging public decency by exposing his person in an indecent manner to two girls aged 10 in the sitting room of his home.
Mr James N Harper, assigned by the Registrar of Criminal Appeals, for the appellant; Mr Christopher Prince for the Crown.
MR JUSTICE LAWS, giving the judgment of the court, said that R v MaylingELR((1973) 2 QB 717) established no more than that a necessary condition for guilt of the offence was that at least two people must have been able to witness what happened.
A further requirement was, as stated in R v Knuller (Publishing, Printing and...
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