CPS v Lord St Davids [2017] EW Misc 23 (MC) (11 July 2017)

CPS v Lord St Davids [2017] EW Misc 23 (MC) (11 July 2017)

The defendant's Facebook posts in charges 1 and 3 were menacing within the meaning of section 127 of the Communications Act 2003, as they would have created apprehension or fear in a reasonable person. Charge 1 was racially aggravated due to clear hostility based on race or ethnic origin. The defendant intended the...

Source-derived case information.

Citation
[2017] EW Misc 23 (MC)
Parties
Defendant: Lord St Davids; Prosecution: The Crown
Jurisdiction
England and Wales
Judgment Date
11 July 2017
Procedural Posture
Criminal / Trial Judgment
Outcome
conviction on charges 1 and 3; acquittal on charge 2
Legal Topics
Menacing Communications, Racially Aggravated Offences, Social Media Offences
Criminal Law Communications Law Menacing Communications Racially Aggravated Offences Social Media Offences

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Parties

Lord St Davids

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the defendant's Facebook posts were menacing within the meaning of section 127 of the Communications Act 2003
  2. 2 Whether the offences were racially aggravated
  3. 3 Whether the defendant intended or was aware that the posts might create fear or apprehension

Ratio Decidendi

The defendant's Facebook posts in charges 1 and 3 were menacing within the meaning of section 127 of the Communications Act 2003, as they would have created apprehension or fear in a reasonable person. Charge 1 was racially aggravated due to clear hostility based on race or ethnic origin. The defendant intended the posts to be of a menacing character or was aware they might create fear or apprehension.

Court Disposition

conviction on charges 1 and 3; acquittal on charge 2

Orders

  • Conviction for menacing communications on charges 1 and 3 under the Communications Act 2003
  • Charge 1 found racially aggravated