KembaraXtra-Case Law-Nash (1999) CA

Case Summary

• Facts: Two letters addressed to "Paperboy," containing invitations for an indecent act, were found by children and given to police. A third letter, also addressed to "Paperboy," offered a job and requested a urine sample. Police arrested the defendant (D), searched his home, and found a typewriter matching the letter's typeface and another similar letter.
• Initial Conviction: D was convicted of attempting to procure an act of gross indecency.
• Appeal: D appealed the conviction.

Court of Appeal Decision

• Guidance Applied: The Court of Appeal followed precedent from Geddes.
• Letters 1 & 2: These letters contained an "overtly sexual invitation" and were deemed sufficient to constitute attempted procurement.
• Letter 3: This letter's invitation was "less unequivocal" and was not considered sufficient to amount to attempted procurement.

Key Legal Principle

• Attempted Procurement: For an invitation to constitute attempted procurement, it must be overtly sexual and unequivocal. Ambiguous or less direct invitations may not meet this threshold.