Kembaraxtra-Case Law- Race Relations Board v Applin (1973) CA

Case Summary

• Parties: Race Relations Board (Plaintiff) vs. Applin (Defendant)
• Facts:
• Defendant distributed a circular.
• Circular complained about a neighbor adopting non-white foster children.
• Defendant's stated purpose was to persuade the neighbor to adopt only white foster children.
• Court: Court of Appeal (CA)
• Decision: Defendant was found guilty of incitement to do an unlawful act.
• Legal Basis: Race Relations Act 1968.

Key Legal Principle: Definition of "Incitement"

• Lord Denning's Definition: "To 'incite' means to urge or spur on by advice, encouragement or persuasions, and not otherwise..."
• Methods of Incitement: "A person may 'incite' another to do an act by threatening or by pressure, as well as by persuasion."

Analysis Point: Intent vs. Recklessness

• Observation from Case: The defendant's specific intention (to have the neighbor adopt only white children) was not deemed the sole determinative factor for incitement.
• Open Question: Does this imply that recklessness could be an element of the offence of incitement under the Race Relations Act 1968, given that direct intent was not solely determinative?
• This is a question for further legal analysis beyond the immediate ruling on incitement methods.