Hamilton, R v [2007] EWCA Crim 2062 (16 August 2007)

Hamilton, R v [2007] EWCA Crim 2062 (16 August 2007)

The public element of outraging public decency is satisfied if the act is done where persons are present and the nature of what is being done is capable of being seen by two or more persons, even if not actually seen. The jury was entitled to find that the appellant's conduct met this test. Joinder and refusal to...

Source-derived case information.

Citation
[2007] EWCA Crim 2062
Parties
Respondent: Regina; Appellant: Simon Austin Hamilton
Jurisdiction
England and Wales
Judgment Date
16 August 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From Crown Court
Outcome
Appeal dismissed
Legal Topics
Outraging Public Decency, Indecent Images of Children, Joinder and Severance of Charges, Sexual Offences, Common Law Offences
Criminal Law Outraging Public Decency Indecent Images of Children Joinder and Severance of Charges Sexual Offences Common Law Offences

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Summary, issues, holding and outcome

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Parties

Regina

Respondent

Simon Austin Hamilton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From Crown Court

Legal Issues

  1. 1 Whether the appellant's conduct amounted to outraging public decency when no one was shown to be aware of the filming
  2. 2 Whether counts of outraging public decency should have been joined with child protection offences
  3. 3 Whether the judge wrongly exercised discretion by failing to sever those counts

Ratio Decidendi

The public element of outraging public decency is satisfied if the act is done where persons are present and the nature of what is being done is capable of being seen by two or more persons, even if not actually seen. The jury was entitled to find that the appellant's conduct met this test. Joinder and refusal to sever were proper as the offences were sufficiently linked by the acquisition and retention of images for sexual gratification.

Court Disposition

Appeal dismissed

Orders

  • Convictions on counts 11-15 (outraging public decency) upheld
  • Joinder and refusal to sever counts upheld