R v Hamilton [2007] EWCA Crim 2026, [2007] All ER (D) 99 (Aug)
The defendant admitted to taking video footage with a camera positioned so as to enable him to surreptitiously take footage up the skirts of various women. No-one saw him doing it—and the women were unaware that he was doing it.
He was charged with the common law offence of outraging public decency. It was held that it is necessary to prove two elements:
(i) that the act was of such a lewd character as to outrage public decency;
(ii) that it took place in a public place and must have been capable of being seen by two or more persons who were actually present, even if they had not actually seen it.
