Case link: Outraging public decency – Hamilton [2007] EWCA Crim 2062

“The appellant contended that the offence of outraging public decency as developed by the nineteenth century cases was confined to cases where a lewd act was in fact witnessed by at least one person; and that the public element was satisfied if in addition at least one other person witnessed or could have seen the act. As no one saw the appellant in the act of filming, no one saw a lewd act; public decency could not have been outraged; therefore no offence was committed.”

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