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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Gough v Director Of Public Prosecutions [2013] EWHC 3267 (Admin) (31 October 2013) URL: https://www.bailii.org/ew/cases/EWHC/Admin/2013/3267.html Cite as: [2013] EWHC 3267 (Admin) |
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QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Strand, London, WC2A 2LL |
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B e f o r e :
(PRESIDENT OF THE QUEEN'S BENCH DIVISION)
MR JUSTICE OPENSHAW
____________________
STEPHEN PETER GOUGH |
Appellant |
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- and - |
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DIRECTOR OF PUBLIC PROSECUTIONS |
Respondent |
____________________
Duncan Penny (instructed by C.P.S.) for the Respondent
Hearing date: 15 October 2013
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Crown Copyright ©
Sir Brian Leveson:
i) The appellant was released from Halifax Police Station at approximately 11.30 am on 25 October 2012 through the main public entrance; he was wearing only walking boots, socks, a hat, a rucksack and a compass on a lanyard around his neck. He was otherwise naked and his genitalia were on plain view. He then walked through Halifax town centre for approximately 15 minutes, filmed by a camera crew working for a company which had obtained his permission to do so (without making any payment for that privilege).
ii) The appellant received a mixed reaction from others in the town centre, some of whom were heard to comment. At least one female member of the public veered out of his way. Evidence from two women was to the effect that they were "alarmed and distressed" and "disgusted" at seeing him naked. One of the women was with a number of children at least one of whom, 12 years old, she reported as "shocked and disgusted". The district judge found that it caused one of the women to feel at risk (see para. 18(iv) of the Case) and, further, based on the evidence, that it caused alarm or distress.
iii) The appellant then entered a convenience store whereupon police officers attended and arrested him. On interview, the appellant said that he did not think that what he was doing was indecent and that the human body was not indecent; he did not know what the problem was. He had heard some of the comments directed to him; those who made such comments were entitled to their opinion. He said "It's their belief that the human body is dirty".
iv) The judge found that the appellant foresaw the fact of alarm or distress as the consequence of his voluntary decision to walk naked through Halifax town centre and was at least aware that his behaviour may have been threatening, abusive, insulting or disorderly. He said that he would continue to walk naked until adverse reaction to this stops and that his aim was to be accepted as are others who campaign for human rights. Being nude allowed him to express what he fundamentally was: this was not indecent.
"(1) A person is guilty of an offence if he –
Uses threatening, abusive or insulting words or behaviour, or disorderly behaviour ... within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby. ...
(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 be caused harassment, alarm or distress, or ...
(c) That his conduct was reasonable. ...
(4) The defendant must intend his words or behaviour ... to be threatening, abusive or insulting or be aware that they may be threatening abusive or insulting or he must intend his behaviour to be, or be aware that it could be disorderly."
"Mr Gough's behaviour in walking naked was insulting and was also threatening in that it caused [one of the witnesses] to feel at risk. This behaviour could also be described as abusive and disorderly as it contributed to a breakdown of peaceful and law-abiding behaviour as evidenced by the reactions of the public to Mr Gough's public display of nudity."
"(xii) Mr Gough was not prevented from being naked in certain public contexts where nudity is expected or tolerated. However, those adults and children in Halifax town centre on 25 October 2012 had no expectation of seeing Mr Gough naked and as such had no opportunity to avoid him until they had already seen him and decided to take avoiding action.
(xiii) The restriction imposed by s. 5 corresponds to this social need and the restriction is a proportionate response to that need.
(xiv) Given that this is a summary-only offence with a maximum penalty being a level 3 fine, that is a maximum fine of £1,000 subject to consideration of the means of the defendant ..., the prosecution for said offence was a proportionate response to the appellant's behaviour."
Mr Justice Openshaw: