Source: All England Reporter
Publisher Citation: [2006] All ER (D) 271 (Apr)
Court: Queen's Bench Division (Divisional Court)

Keene LJ and Jack J

Representation Nathaniel Rudolf (instructed by Bagshaws) for the defendant.
  Timothy Spencer (instructed by the Crown Prosecution Service) for the prosecution.
Judgment Dates: 28 April 2006


Criminal law - Public order - Racially aggravated disorderly conduct - Whether evidence required that conduct complained of actually seen or heard - Whether defendant's conduct motivated by hostility to particular racial group - , s 5(1)(a) - , ss 28(1)(b), 31(1)(c).

The Case

For an offence of disorderly conduct under s5(1)(a) of the to be proved, there had to be evidence that someone was able to see or hear the conduct complained of, but the prosecution did not have to call evidence that the conduct had actually been heard or seen.

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