F, R v [2010] EWCA Crim 2243 (17 September 2010)

F, R v [2010] EWCA Crim 2243 (17 September 2010)

On the agreed facts, the two-person rule was not satisfied because the only evidence was that the defendant covered himself whenever anyone other than Mrs Howard was present, so no other person was capable of seeing the act. The judge's ruling was reasonable and should not be overturned.

Citation
[2010] EWCA Crim 2243
Parties
Prosecution/applicant: Regina; Defendant/respondent: F
Jurisdiction
England and Wales
Judgment Date
17 September 2010
Procedural Posture
Criminal Appeal / Prosecution Application for Leave to Appeal Against a Terminating Ruling Under S.58 Criminal Justice Act 2003
Outcome
Appeal dismissed
Legal Topics
Outraging Public Decency, Two Person Rule, Terminating Ruling, Section 58 Criminal Justice Act 2003
Criminal Law Outraging Public Decency Two Person Rule Terminating Ruling Section 58 Criminal Justice Act 2003

Case Brief

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Parties

Regina

Prosecution/applicant

F

Defendant/respondent

Procedural Posture

Criminal Appeal / Prosecution Application for Leave to Appeal Against a Terminating Ruling Under S.58 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether the two-person rule for outraging public decency was satisfied on the agreed evidence
  2. 2 Whether the judge's terminating ruling should be overturned

Ratio Decidendi

On the agreed facts, the two-person rule was not satisfied because the only evidence was that the defendant covered himself whenever anyone other than Mrs Howard was present, so no other person was capable of seeing the act. The judge's ruling was reasonable and should not be overturned.

Court Disposition

Appeal dismissed

Orders

  • Defendant acquitted of the offence pursuant to section 61(3) Criminal Justice Act 2003
  • Representation order to be made if necessary