Wotherspoon v Pocurator Fiscal, Glasgow

Criminal law – Breach of peace. High Court of Justiciary: Allowing an appeal by an appellant whom neighbours had observed on four occasions either at his front door or the windows of his flat, bare chested but wearing a bra, and who the sheriff convicted of committing a breach of the peace, the court concluded that the appellant's behaviour did not amount to a breach of the peace in terms of the test in Smith v Donnelly: it was unable to hold that a man wearing a bra in his own home amounted to conduct which was either genuinely alarming to any reasonable person, although it might be to some, or that it threatened serious disturbance to the community.

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