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Old 23-04-2011, 15:14   #247
martyh
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Re: Gay couple claim they were ejected from pub for kissing

Quote:
Originally Posted by Mr Angry View Post
(1)A person is guilty of an offence if he—

(a)uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or

(b)displays any writing, sign or other visible representation which is threatening, abusive or insulting,

within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

Do you see the word "deliberate" or "opinion" in there?

(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
(b)that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c)that his conduct was reasonable.

That seems to show that intent is required
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