McInerney and Curtis win challenge to offending modesty law

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court declared the offending modesty offence unconstitutional in Kevin McInerney and Brendan Curtis’s cases on 9 April 2014.

The court found the offence under section 18 of the Criminal Law (Amendment) Act 1935 was extremely vague and could invite arbitrary and subjective interpretation.

Curtis faced a charge arising from an allegation at Camden Place in Dublin, while McInerney’s case concerned an allegation at Rathfarnham Shopping Centre.

McInerney had been convicted in the District Court and sentenced to three months’ imprisonment, with his appeal adjourned pending the constitutional challenge.