BLC, R. v [2024] EWCA Crim 1186 (20 June 2024)

BLC, R. v [2024] EWCA Crim 1186 (20 June 2024)

The trial judge erred in law by interpreting section 1 of the Malicious Communications Act 1988 too narrowly; online postings can constitute 'sending to another person' if intended to cause distress or anxiety to the subject, and the matter should be left to the jury. The prosecution complied with the procedural requirements for appeal under section 58 of the Criminal Justice Act 2003.

Citation
[2024] EWCA Crim 1186
Parties
Applicant: Rex; Respondent: BLC
Jurisdiction
England and Wales
Judgment Date
20 June 2024
Procedural Posture
Criminal Appeal (prosecution) / Appeal Against Pre Trial Ruling Under Section 58 Criminal Justice Act 2003
Outcome
Appeal allowed; judge's order reversed; trial to proceed.
Legal Topics
Malicious Communications, Interpretation of 'sending' Under Malicious Communications Act 1988, Prosecution Appeals Under Criminal Justice Act 2003, Reporting Restrictions
Criminal Law Malicious Communications Interpretation of 'sending' Under Malicious Communications Act 1988 Prosecution Appeals Under Criminal Justice Act 2003 Reporting Restrictions

Case Brief

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Parties

Rex

Applicant

BLC

Respondent

Procedural Posture

Criminal Appeal (prosecution) / Appeal Against Pre Trial Ruling Under Section 58 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether posting a message online can constitute 'sending to another person' under section 1 of the Malicious Communications Act 1988
  2. 2 Whether the trial judge's interpretation of section 1 was correct
  3. 3 Whether the prosecution complied with procedural requirements for appeal under section 58 Criminal Justice Act 2003

Ratio Decidendi

The trial judge erred in law by interpreting section 1 of the Malicious Communications Act 1988 too narrowly; online postings can constitute 'sending to another person' if intended to cause distress or anxiety to the subject, and the matter should be left to the jury. The prosecution complied with the procedural requirements for appeal under section 58 of the Criminal Justice Act 2003.

Court Disposition

Appeal allowed; judge's order reversed; trial to proceed.

Orders

  • Leave to appeal granted.
  • Prosecution's appeal allowed.