In a significant ruling, the Court of Appeal has quashed the conviction of the appellant for an offence contrary to Section 1 of the Malicious Communications Act 1988 based on an email written to local councillors in a political dispute.
In R v Casserly [2024] EWCA Crim 25, The Court gave guidance on – and placed emphasis on the importance of – directing juries on the right to free speech under Article 10 ECHR. The appeal considered the interaction between s 1 of the Malicious Communications Act 1988 and Article 10.
Facts
In May 2022, the appellant, Thomas Casserly, was convicted after trial of a single count of:
Facts
In May 2022, the appellant, Thomas Casserly, was convicted after trial of a single count of:
sending an indecent or grossly offensive electronic communication with intent to cause distress or anxiety contrary to s 1(1)(b) of the Malicious Communications Act 1988.
He was sentenced to a community order and a five-year restraining order, which restricted his freedom to contact the complainant.
The complainant, Victoria Dominguez-Perez, was a Town Councillor for Middlewich. She is profoundly deaf, visually impaired and has a muscle-wasting condition. She had a guide dog, hearing aids and sometimes used a wheelchair. These matters had been reported in a local online newspaper, the Daily Post.
The complainant, Victoria Dominguez-Perez, was a Town Councillor for Middlewich. She is profoundly deaf, visually impaired and has a muscle-wasting condition. She had a guide dog, hearing aids and sometimes used a wheelchair. These matters had been reported in a local online newspaper, the Daily Post.
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