Pointon v Police Flashcards
1
Q
Facts
A
Nude man was seen running through the woods. Women was walking her dog and complained, Pointon was arrested and charged with offensive behaviour.
2
Q
Defence
A
Public nudity is a form of expression and the public order is not disturbed.
3
Q
Prosecution
A
There is interference with enjoyment of a public space. No political audience for protest.
4
Q
What is expression?
A
Includes ‘the unwelcome and provocative’ as long as it does not encourage violence.
5
Q
Court - Expression
A
In this case, the defendant did not go out with the intention of expressing himself.
6
Q
Was the nudity offensive?
A
Court decides that Pointon has not done anything to actively express his nudity, so it is not offensive. It is within his rights.
