Perrin, R v [2002] EWCA Crim 747 (22nd March, 2002)

Perrin, R v [2002] EWCA Crim 747 (22nd March, 2002)

The conviction was upheld because the statutory definition of obscenity was sufficiently precise and prescribed by law, publication via the internet to any viewer within the jurisdiction sufficed, and the jury was properly directed in accordance with the statute. There was no requirement to show that a significant proportion of viewers would be corrupted, only that more than a negligible number were likely to be affected.

Citation
[2002] EWCA Crim 747
Parties
Prosecution: R; Appellant: Stephane Laurent Perrin
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Obscenity, Internet Publication, Freedom of Expression, Jurisdiction, European Convention on Human Rights, Obscene Publications Act 1959
Criminal Law Media Law Human Rights Law Obscenity Internet Publication Freedom of Expression Jurisdiction European Convention on Human Rights +1 more

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Parties

R

Prosecution

Stephane Laurent Perrin

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction for publishing an obscene article via a web page violated Article 10 (freedom of expression) and Article 7 (no punishment without law) of the European Convention on Human Rights
  2. 2 Whether the statutory definition of obscenity is sufficiently precise and prescribed by law
  3. 3 Whether publication to a single police officer suffices for conviction under the Obscene Publications Act 1959

Ratio Decidendi

The conviction was upheld because the statutory definition of obscenity was sufficiently precise and prescribed by law, publication via the internet to any viewer within the jurisdiction sufficed, and the jury was properly directed in accordance with the statute. There was no requirement to show that a significant proportion of viewers would be corrupted, only that more than a negligible number were likely to be affected.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld
  • Sentence of 30 months' imprisonment upheld