R v Anderson

Facts

The editors and publishers of Oz magazine were convicted of publishing an obscene article. Expert evidence had been called on literary and moral merit, and on whether the article would deprave and corrupt. The Court of Appeal considered how far that evidence could go.

Issue

May experts decide the statutory question of obscenity for the jury?

Held

No. The Court of Appeal held that whether an article tends to deprave and corrupt is the jury's question, applying the statute to the article. Experts may help on matters genuinely outside ordinary experience. They do not take over the test.

Principle

The tribunal of fact does not delegate an ordinary statutory standard to a witness.

Why it matters

It is the obscenity case. Silverlock and Oakley are the other side: a real expertise, on a real question, may be heard. The jury is still not bound.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.