Where there was no issue at any stage between the parties that the question as to whether or not a film was obscene was to be answered by taking the film as a whole, it was wrong for the trial judge to direct the jury that the film was capable of being split up into distinct items, one or more of which might be obscene, and to leave it to the jury to decide whether or not the film could be so divided.

CA (Crim Div) (Brooke J, Hooper J, Peter Crawford QC)

14/01/1999