S v Crown Prosecution Service

S v Crown Prosecution Service

Causation under section 4A of the Public Order Act 1986 is established where the defendant, with intent, posts material on the internet which is later brought to the attention of the complainant, causing harassment, alarm or distress, even if the material is no longer online at the time the complainant sees it. The...

Source-derived case information.

Parties
Claimant: S; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
08 February 2008
Procedural Posture
Criminal Appeal (case Stated) / Judgment on Appeal From Youth Court
Outcome
Appeal dismissed
Legal Topics
Intentional Harassment, Alarm or Distress, Causation in Criminal Liability, Internet Publication and Criminal Law
Criminal Law Public Order Intentional Harassment, Alarm or Distress Causation in Criminal Liability Internet Publication and Criminal Law

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Parties

S

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Criminal Appeal (case Stated) / Judgment on Appeal From Youth Court

Legal Issues

  1. 1 Whether posting material on the internet can amount to 'display' under section 4A of the Public Order Act 1986
  2. 2 Whether causation is established when the complainant suffers harassment, alarm or distress after being shown a print-out of internet material no longer online
  3. 3 Whether the intention element under section 4A was satisfied

Ratio Decidendi

Causation under section 4A of the Public Order Act 1986 is established where the defendant, with intent, posts material on the internet which is later brought to the attention of the complainant, causing harassment, alarm or distress, even if the material is no longer online at the time the complainant sees it. The chain of causation is not broken by the passage of time or the intervention of third parties such as police officers.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs against the appellant
  • Order for assessment of defence costs under representation order if required