Regina v. Hicklin
England and Wales High Court of Justice, Queen’s Bench Division
11 Cox C.C. 19 (1868)
- Written by Angela Patrick, JD
Facts
Benjamin Hicklin (defendant) created a pamphlet in order to convince people that the Roman Catholic Church’s priesthood was depraved and that the church abused females during the confessional process. The pamphlet contained obscene material allegedly demonstrating the church’s depravity and abuses. Hicklin was charged with the crime of creating an obscene publication. Hicklin’s defense was that he had not published obscene material for the criminal purpose of corrupting the public but for the positive purpose of trying to prevent the church’s depravity and corruption. Hicklin was convicted. Hicklin appealed, and the recorder vacated his conviction. The prosecution (plaintiff) appealed to the Queen’s Bench, arguing that Hicklin’s motive for publishing obscene material was irrelevant to whether Hicklin was liable for committing this crime.
Rule of Law
Issue
Holding and Reasoning (Cockburn, C.J.)
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