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Man to seek Supreme Court appeal over gross indecency charge

Summary

A man, whose identity is withheld, is appealing to the Supreme Court after the Court of Appeal dismissed his attempts to avoid prosecution on the grounds that Section 11 of the Criminal Law Amendment Act 1885 is incompatible with the Constitution and the European Convention on Human Rights. He faces seven counts of gross indecency for alleged acts with a teenage boy between 1978 and 1980, including buggery, oral sex and forced masturbation. The High Court refused his reliefs, and the Court of Appeal found he lacked standing to argue the statute's incompatibility, awarding costs to the Director of Public Prosecutions and the Attorney General. The Court of Appeal granted an eight‑week stay on the costs order, pending the Supreme Court's decision on whether the case is appropriate for appeal. The case highlights the continued legal debate over the 1885 Act's relevance to contemporary society.

Who, what, where, when and why

What: Report matter: Man to seek Supreme Court appeal over gross indecency charge. Charges or matters: seven counts of gross indecency under Section 11 of the Criminal Law Amendment Act 1885 alleged to have been committed against a teenaged boy on dates between 1978 and 1980 while he was in a position of authority. Procedural stage: appeal

When:

• May 2015 Hearing Or Sentence
• 1978 and 1980 Other
• 2017-02-21 Publication

Why: Dismissing an appeal last month, Mr Justice George Birmingham said the man had sought to render himself immune from prosecution largely because a statute drafted 115 years ago criminalises certain conduct contemporary society would not regard as being properly the concern of the criminal law. Prosecution account reported by CNI

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Stage Appeal

Read the original CNI report