F, R v

F, R v

On the agreed facts, whenever anyone other than Mrs Howard was present, the defendant covered himself, so the act was not capable of being seen by two or more persons; thus, the two-person rule was not satisfied and the trial judge's ruling stands.

Parties
Prosecution: Regina; Defendant: F
Jurisdiction
England and Wales
Judgment Date
17 September 2010
Procedural Posture
Criminal / 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, Appeal Procedure
Criminal Law Outraging Public Decency Two Person Rule Terminating Ruling Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

F

Defendant

Procedural Posture

Criminal / 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 facts
  2. 2 Whether the trial judge's terminating ruling should be overturned

Ratio Decidendi

On the agreed facts, whenever anyone other than Mrs Howard was present, the defendant covered himself, so the act was not capable of being seen by two or more persons; thus, the two-person rule was not satisfied and the trial judge's ruling stands.

Court Disposition

appeal dismissed

Orders

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