Courts / Dublin / Report

High Court rules offence of offending modesty is unconstitutional

Date
2014-04-09

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

The High Court has ruled that the criminal offence of 'offending modesty' under Section 18 of the Criminal Law (Amendment) Act 1935 is unconstitutional. Mr Justice Gerard Hogan declared the provision 'hopelessly vague' and inconsistent with Articles 15 and 40 of the Constitution, effectively striking it down. This decision impacts two applicants, Kevin McInerney and Brendan Curtis, who challenged the State and the DPP. Mr Curtis, of Martry, Kells, Co Meath, was awaiting trial for allegedly exposing himself at Camden Place, Dublin, in May. Mr McInerney, of Rathfarnham, Dublin 16, was convicted by the District Court in 2013 for allegedly masturbating in his car at Rathfarnham Shopping Centre in 2011 and sentenced to three months imprisonment. His appeal was adjourned by the Circuit Court pending the outcome of this High Court action. The judge agreed with the applicants that the offence lacked clear standards and invited arbitrary application. While the ruling invalidates the current statute, the judge noted that the Oireachtas may still legislate new offences addressing such conduct, provided they meet constitutional requirements for legal certainty.

Who, what, where, when and why

What: Report matter: High Court rules offence of offending modesty is unconstitutional. Procedural stage: sentence

When:

May 26th Hearing Or Sentence
September 3rd 2011 Adjournment
2014-04-09 Publication

Case subjects

Brendan Curtis

Applicant

Outcome: In 2013 Mr McInerney was convicted by the District Court of the offence and sentenced to three months imprisonment.; His appeal was adjourned by the Circuit Court pending the outcome of the High Court action.