Source: All England Reporter
Publisher Citation: [2002] All ER (D) 359 (Mar)
Neutral Citation: [2002] EWCA Crim 747
Court: Court of Appeal, Criminal Division

Kennedy, Potter LJJ and Harrison J

Representation Adrian Fulford QC and Hugh Southey (assigned by the Registrar of Criminal Appeals) for the defendant.
  Gareth Patterson (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 22 March 2002


Criminal law - Elements of offence - Publishing an obscene article - Defendant taking major steps to set up web-site outside jurisdiction - Police officer gaining access to preview material for site available to anyone with internet access - Tendency to deprave and corrupt persons - Whether relevant publication requiring evidence of access by persons other than officer - Direction to jury - Whether direction required that jury should consider if material should corrupt more than a negligible proportion of viewers - Whether offence incompatible with defendant's right to free expression - s 2(1) - s 1(3).

The Case

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