Judgment Approved by the court for handing down.
to those to whom they relate, or be aware that they may be taken
to be so.
11. It is pertinent to recall Lord Reid's observations in Sweet v
Parsley [1970] AC 132, 148:
"Our first duty is to consider the words of the Act: if they show
a clear intention to create an absolute offence that is an end of
the matter. But such cases are very rare. Sometimes the words
of the section which creates a particular offence make it clear
that mens rea is required in one form or another. Such cases
are quite frequent. But in a very large number of cases there
is no clear indication either way. In such cases there has for
centuries been a presumption that Parliament did not intend to
make criminals of persons who were in no way blameworthy
in what they did. That means that whenever a section is silent
as to mens rea there is a presumption that, in order to give
effect to the will of Parliament, we must read in words
appropriate to require mens rea."
This passage is relevant here, since Parliament cannot have
intended to criminalise the conduct of a person using language
which is, for reasons unknown to him, grossly offensive to those
to whom it relates, or which may even be thought, however
wrongly, to represent a polite or acceptable usage. On the other
hand, a culpable state of mind will ordinarily be found where a
message is couched in terms showing an intention to insult those
to whom the message relates or giving rise to the inference that
a risk of doing so must have been recognised by the sender. The
same will be true where facts known to the sender of a message
about an intended recipient render the message peculiarly
offensive to that recipient, or likely to be so, whether or not the
message in fact reaches the recipient. I would accept Mr Perry's
submission.
12. In seeking to uphold the decisions below in the respondent's
favour, Miss Oldham QC relied on the context in which the
messages were sent, stressing that they were sent by him to his
MP seeking redress of his grievances as constituent and
taxpayer. This is undoubtedly a relevant fact. The respondent
was entitled to make his views known, and entitled to express
them strongly. The question is whether, in doing so, he used
language which is beyond the pale of what is tolerable in our
society.
13. The Justices thought not. A decision of justices on a matter
of this kind is not to be disturbed at all readily, as the Divisional
Court rightly recognised. But some at least of the language used
by the respondent was language which can only have been
chosen because of its highly abusive, insulting, pejorative,
offensive character. There was nothing in the content or tenor of
DPP v Bussetti
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