The Contradiction of Socially Immoral Behaviour

Not all actions considered immoral can be punished by criminal law; thus, actions deemed immoral by society are numerous and often contradictory.¹ This contradiction suggests that immorality reflects both societal and individual beliefs, which cannot reach consensus on every issue. The concept of allowing individual freedom while punishing "immoral behaviour" requires clarification and a balanced approach.

Case Analysis of Shaw v DPP

In 1959, Shaw v DPP involved some 40 advertisements for female prostitutes, along with several black-and-white photos of women undressing. The case² revived the common law offence of conspiracy to corrupt morals. Shaw was accused of living off the earnings of prostitutes through advertisements, including pornographic material, and conspiracy to disturb public order. He was sentenced to nine months in prison and appealed the conviction, arguing that "no such offence of conspiracy exists at common law" and challenging the charge of earning immoral income.

In the 20th century, conspiracies that cause public harm have typically involved forgery or deception. In R v Brailsford (1905), for instance, the use of counterfeit documents in an attempt to become a member of the legal profession undermined public decency. The court held that any act calculated or intended to corrupt public morals constitutes a misdemeanour prosecutable under established common law principles.

References

1. Jeremy Bentham, “Crossing the line: morality, society, and the criminal law” (1781) https://uk.westlaw.com/Document/ID616592003BC11E2B1DEA435255BFFC8 accessed 3 August 2022
2. Shaw v DPP [1961] UKHL 1