The publication of an obscene libel was an offence under the common law of England. Prior to the abolition by section 1 of the Criminal Law Act 1967 of the distinction between felony and misdemeanour, it was regarded as a misdemeanour.[1] It has been abolished in England and Wales and Northern Ireland.[2]
The existence of this offence was denied by Hawkins;[3] and by Holt, C.J., who said that it was within the jurisdiction of the spiritual courts.[4]
- ^ R v Curl (1727) 2 Str 288, (1727) 93 ER 849; R v Wilkes (1770) 4 Burr 2527 at 2574, (1770) 98 ER 327; R v Hicklin (1868) LR 3 QB 360
- ^ Coroners and Justice Act 2009, section 73(c)
- ^ William Hawkins, Treatise on Pleas of the Crown, chapter 28, section 9, 1824 edition at p.545 (from Google Books)
- ^ R v Read, Fort 98, 92 ER 777; this decision was overruled by R v. Curl.