R V Henn And Darby [1979]

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  • Created by: channyx
  • Created on: 21-03-20 15:30

Import restrictions which are prima facie in conflict with Treaty of Rome 1957 Art.30 may be imposed on articles of an indecent or obscene character on the grounds of public morality as determined by the Member State, under Treaty of Rome 1957 Art.36. H and D imported *********** from Denmark.

They were charged with fraudulently evading the prohibition on the importation of indecent or obscene articles, contrary to the Customs Consolidation Act 1876 s.42 and the Customs and Excise Act 1952 s.304. The trial judge rejected a submission to quash the charge on the ground that it was…

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