contents of the responses speak for themselves, and if necessary, the
court can take into account such responses and makes the same
conclusion that the Defendant’s act was one which outrages public
decency.
Verdict
36. In reaching the verdict, I have reminded myself not to pass any
personal moral judgment on the Defendant’s conduct, nor to take into
account any policy consideration as to whether the Defendant’s
conduct is desirable in modern world.
I am not sitting as a judge of
taste, and doing something disgraceful or immoral per se is not a
criminal offence.
It is also not the court’s role to create new
offences, as it is a matter for the legislature.
On the other hand,
committing an act outraging public decency is a long-established
offence in common law.
Although the values of society may change
from time to time, the object of the offence in preventing the
corruption of mind and the destruction or erosion of values of
decency is still valid in modern world. Further, like other media
such as newspapers and books, internet is a public forum and so there
is no reason why the offence is not applicable to messages published
on the internet.
37. Hence, in my judgment, the correct approach is for the court to apply
faithfully the established legal principles to perhaps the novel facts of
the present case, which is role of the court according to the
well-quoted observations of Parke B. in Mirehouse v Rennell (1833) 1
Cl. & F 527 (cited with approval by Lord Simon in Knuller
(Publishing, Printing and Promotions) Ltd. v DPP, ibid. at p. 492),
16
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