Director of Public Prosecutions, R (on the application of) v Humphrey

Director of Public Prosecutions, R (on the application of) v Humphrey

The Magistrates' conclusion that no reasonable tribunal could find the words abusive or insulting and likely to cause distress was unsustainable; the words 'You're fucking Islam' directed at an Asian police officer are almost undeniably abusive or insulting.

Parties
Claimant: Director of Public Prosecutions; Defendant: Humphrey
Jurisdiction
England and Wales
Judgment Date
20 April 2005
Procedural Posture
Criminal Appeal / Appeal by Way of Case Stated
Outcome
decision quashed
Legal Topics
Section 5 Public Order Act 1986, Religiously Aggravated Offences, Case Stated Procedure
Criminal Law Public Order Section 5 Public Order Act 1986 Religiously Aggravated Offences Case Stated Procedure

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Humphrey

Defendant

Procedural Posture

Criminal Appeal / Appeal by Way of Case Stated

Legal Issues

  1. 1 Whether the words 'You're fucking Islam' could reasonably be construed as threatening, abusive or insulting under section 5(1) Public Order Act 1986
  2. 2 Whether the Magistrates applied the correct legal test in finding no case to answer

Ratio Decidendi

The Magistrates' conclusion that no reasonable tribunal could find the words abusive or insulting and likely to cause distress was unsustainable; the words 'You're fucking Islam' directed at an Asian police officer are almost undeniably abusive or insulting.

Court Disposition

decision quashed

Orders

  • matter to be re-heard before a different bench