Boobs on Bikes: Authorities party to offence
THE FAMILY PARTY
1 August 2008
Boobs on Bikes: Permitting authorities party to offence
Family Party leader Richard Lewis says a complaint lodged by Family First to the Police against the indecency of the planned Boobs on Bikes parade downtown Auckland makes the Police and Council liable for being a party to the offence if they permit or facilitate it.
He Points to three relevant Sections of the Crimes Act:
Section 124 (1) (b) of the Crimes Act makes every one liable to imprisonment for a term not exceeding 2 years who, without lawful justification or excuse, (a) Sells, exposes for sale, or otherwise distributes to the public any indecent model or object; or (b) Exhibits or presents in or within view of any place to which the public have or are permitted to have access any indecent object or indecent show or performance.
Section 125(1) of the Crimes Act makes every one liable to imprisonment for a term not exceeding 2 years who wilfully does any indecent act in any place to which the public have or are permitted to have access, or within view of any such place.
Section 66 of the Crimes Act makes every one a party to and guilty of an offence who (a) Actually commits the offence; or (b) Does or omits an act for the purpose of aiding any person to commit the offence; or (c) Abets any person in the commission of the offence; or (d) Incites, counsels, or procures any person to commit the offence.
"Clearly, the nature and activity of the Boobs on Bikes Parade falls within the definition of indecency as set out in Section 124 and 125 of the Crimes Act. It is offensive to a great number of New Zealanders and is particularly inappropriate for children and young people who through no fault of their own are innocently exposed to the public parade. Therefore, the Council and the Police are duty-bound to ensure that this parade does not go ahead. Because by permitting or facilitating it, the authorities are in effect, guilty of being party to the offence," says Mr Lewis.
He says in this situation authorities should be putting the best interests of families and children first.