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Norwood v Director of Public Prosecutions, Court of Appeal - Administrative Court, July 03, 2003, [2003] EWHC 1564 (Admin)
Case No: CO/1742/2003
Neutral Citation No: [2003] EWCH 1564 (QB)
IN THE SUPREME COURT OF JUDICATURE
QUEEN'S BENCH DIVISION (DIVISIONAL COURT)
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 3rd July 2003
Before :
LORD JUSTICE AULD
and
MR JUSTICE GOLDRING
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Between :
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Miss C Miskin (Instructed by Hallinan, Blackburn, Gittings & Nott) for the Appellant
Mrs Janet Pitt-Lewis (instructed by Crown Prosecution Service) for the Respondent
Hearing dates : 11th June 2003
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JUDGMENT : APPROVED BY THE COURT FOR HANDING DOWN (SUBJECT TO EDITORIAL CORRECTIONS)Lord Justice Auld :
1. The appellant appeals by way of case stated from his conviction by District Judge Browning at Oswestry Magistrates Court on 13th December 2002, of an offence of causing alarm or distress under section 5 (1) (b) of the Public Order Act 1986, aggravated in the manner provided by sections 28 and 31 of the Crime and Disorder act 1998 (as amended by section 39 of the Anti-terrorism, Crime and Security Act 2001).
The nature of the statutory offence charged
2. Section 5 provides, so far as material:
"(1) a person is guilty of an offence if he; .... (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2) An offence under this section may be committed in a public or a private place .... (3) It is a defence for the accused to prove - (a) that he had no reason to believe that there was any person within hearing or sight who was likely to b...
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