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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> CPS Leicester, R. v [2006] EWCA Crim 3323 (21 December 2006) URL: https://www.bailii.org/ew/cases/EWCA/Crim/2006/3323.html Cite as: [2006] EWCA Crim 3323, [2007] WLR 1021, [2007] 1 WLR 1021 |
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CRIMINAL
DIVISION
Strand London, WC2 |
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B e f o r
e :
MR JUSTICE GOLDRING
HIS HONOUR JUDGE MARTIN STEPHENS QC
(Sitting as a Judge of the Court of Appeal Criminal
Division)
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CPS LEICESTER |
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WordWave International Limited
A Merrill Communications Company
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR C KESSLING appeared on behalf of the CROWN
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
"A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he --
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or othervisible
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representation
which is threatening, abusive or insulting,
thereby causing that or another person harassment, alarm or distress."
"(2) An offence under this section may be committed in a public place or a private place, except that no offence is committed where the words ... are used ... by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling."
"'dwelling' means any structure or part of a structure occupied as a person's home or as other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied, and for this purpose 'structure' includes a tent, caravan,vehicle,
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vessel
or other temporary or movable structure."