CPS v Haque & Anor [2011] EW Misc 25 (MC) (7 March 2011)

CPS v Haque & Anor [2011] EW Misc 25 (MC) (7 March 2011)

Burning poppies and chanting 'British soldiers burn in hell' during the two minutes silence on Armistice Day was insulting behaviour likely to cause distress to those present, and in the context of the event, the interference with freedom of expression was proportionate. The defence of reasonableness did not apply. Mr Choudhury was identified as the person who burned the poppy and was found guilty. Mr Haque's involvement was not proved beyond reasonable doubt and he was acquitted.

Citation
[2011] EW Misc 25 (MC)
Parties
Prosecution: CPS; Defendant: Mohammad Razaul Haque; Defendant: Emdadur Choudhury
Jurisdiction
England and Wales
Judgment Date
07 March 2011
Procedural Posture
Criminal / Trial Judgment
Outcome
Mr Choudhury found guilty; Mr Haque found not guilty
Legal Topics
Public Order Offences, Freedom of Expression, Proportionality, Harassment, Alarm or Distress, Defences Under Public Order Act
Criminal Law Human Rights Law Public Order Offences Freedom of Expression Proportionality Harassment, Alarm or Distress Defences Under Public Order Act

Case Brief

Summary, issues, holding and outcome

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Parties

CPS

Prosecution

Mohammad Razaul Haque

Defendant

Emdadur Choudhury

Defendant

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the defendants' conduct amounted to an offence under section 5 of the Public Order Act 1986
  2. 2 Whether the defence of reasonableness under section 5(3)(c) applies
  3. 3 Whether interference with freedom of expression was justified and proportionate

Ratio Decidendi

Burning poppies and chanting 'British soldiers burn in hell' during the two minutes silence on Armistice Day was insulting behaviour likely to cause distress to those present, and in the context of the event, the interference with freedom of expression was proportionate. The defence of reasonableness did not apply. Mr Choudhury was identified as the person who burned the poppy and was found guilty. Mr Haque's involvement was not proved beyond reasonable doubt and he was acquitted.

Court Disposition

Mr Choudhury found guilty; Mr Haque found not guilty

Orders

  • Mr Choudhury convicted under section 5 of the Public Order Act 1986
  • Mr Haque acquitted