Posted: August 24th, 2016

What constitutes the public ?

Case analysis
1. With what offence were the defendants convicted? Was this a statutory
offence or a common law offence?
2. What consequence(s) flowed from this categorisation?
3. List the grounds of appeal.
4. Taking each ground of appeal in turn, summarise the arguments put forward
by counsel for the Crown as well as counsel for the defendants.
5. What reasons were given by Lord Lane CJ for either accepting or rejecting
these submissions?
6. Lord Lane referred to the ordinary canons of construction (at para a, p.444).
What does this mean? And which particular canon of construction was he
referring to?
7. What constitutes the public ? Would it make a difference if no member of the
public actually complained of being outraged ? 12. Do the police and the press constitute the public ?
8. A number of tabloid newspapers carried photographs of the exhibit on their
front pages in which the earrings could be clearly seen. Should the
newspapers have been charged with the offence?