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R v Penguin Books Ltd
''R v. Penguin Books Ltd''〔() Crim LR 176〕 was the public prosecution at the Old Bailey of Penguin Books under the Obscene Publications Act 1959〔1959 Chapter 66 7 and 8 Eliz 2〕 for the publication of D. H. Lawrence's ''Lady Chatterley's Lover''. The trial took place over six days in No 1 court between 20 October and 2 November 1960 with Mervyn Griffith-Jones〔Senior Treasury Counsel at the Old Bailey, junior counsel Mr Morton〕 prosecuting, Gerald Gardiner counsel for the defence〔with Jeremy Hutchinson and Richard du Cann〕 and Mr Justice Byrne presiding. The trial was a test case of the defence of public good provision under section 4 of the Act which was defined as a work "in the interests of science, literature, art or learning, or of other objects of general concern".
The jury found for the defendant in a result that ushered in the liberalisation of publishing, and which some saw as the beginning of the permissive society in Britain.
==Legislative and legal background==
The Obscene Publications Bill was first put before the UK Parliament in 1955 as a private member's bill on the recommendation of the Herbert Committee〔At the instigation of the Society of Authors. Penguin had previously run the risk of prosecution for obscene libel with the publication of Germinal and The Decameron, 〕 in response to what was seen as the failure of the existing common law offense of obscene libel. The Bill’s sponsor Roy Jenkins cited five prosecutions in 1954〔''R v Secker'' 1 WLR 1138; ''R v Reiter'' 2 Q.B. 16 especially. See for the Commons debate of the Select Committee Report.〕 which highlighted the uncertainty of the law on obscenity and that the basis of the existing law, ''R v Hicklin'', had the effect of a stringent literary censorship. Consequently, the resultant Act made specific provision for a defence of public good, broadly defined as a work of artistic or scientific merit, intended to exclude literature from the scope of the law while still permitting the prosecution of pornography or such works which would under section 2 of the Act ”tend to deprave and corrupt persons likely to read it”. The Act also required the court to consider the work as a whole, put a time limit on prosecutions, provided booksellers with a defence of innocent dissemination, gave publishers a right of defence against a destruction order, the right of appeal, and limited the penalty of conviction. The Act came into force on 30 August 1959.
The then Director of Public Prosecutions (the DPP), Sir Theobald Mathew, made submission to the Bill's Commons Select Committee on 27 May 1957 that his office would "take into account the existing reputation of the author, the publisher, the printer" before deciding on prosecution. Roy Jenkins wrote to ''The Spectator'' on 26 August 1960〔While the case was ''sub judice''.〕 that the DPP's decision to indict Penguin was a misapplication of the law.〔A point he also attempted to make in his testimony at the trial before being silenced by the judge.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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