26. Although the Defendant posted the Messages in his private home
using his computer, other members of the public could view their
contents through the internet. Hence, according to the proposition
established in R v Walker (S), ibid (see paragraph 25(ii) above), the
Defendant’s act of posting the Messages should be regarded as an act
committed in public. Further, the Defendant had the intention to
publish the Messages, and so there is no dispute that the Defendant
had the necessary mens rea for the offence. The remaining main
issue is, therefore, whether the Defendant’s act was of such a lewd,
obscene or disgusting character as constitutes an outrage on public
decency.
Whether the Defendant’s act was one outraging public decency?
27. In this regard, guidance can be obtained from the judgment of the
House of Lords in Knuller (Publishing, Printing and Promotions) Ltd
v DPP, ibid. In that case, the appellants were directors of a company
which published a fortnightly magazine. In an inside page under a
column headed “Males”, advertisements were inserted inviting
readers to meet the advertisers for the purpose of homosexual
practices. For such conduct, the appellants were charged with and
convicted of the first count of conspiracy to corrupt public morals and
the second count of conspiracy to outrage public decency. In the
House of Lords, the Law Lords affirmed the conviction on the first
count but quashed the conviction on the second count.
28. In respect of the charge of conspiracy to outrage public decency, the
majority, including Lord Morris, Lord Simon and Lord Kilbrandon,
held that such an offence did exist in common law, whilst Lord Reid
11
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