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the style of the advertisement and the fact that the advertisement was inserted in a purely motoring magazine were such that “it would be stretching credulity and the naivety of readers of the advertisement and leaflet to an entirely unacceptable extent to imagine that the intent could have been otherwise.”[1]
25. As a result, the English Court of Appeal held that the company was rightly convicted and that it was necessary to look at the advertisement and the leaflet as a whole. The court said that, in doing so, it was plain that from the words used, readers were being persuaded and incited to use the device.
26. Further, the 13-year-old complainant in R v M[2] was approached and was handed a note by the respondent who was charged with “causing or inciting a child to engage in sexual activity” which read,
“Between me and you your beautiful and have a nice bum lol. Come round for some fun if you want at 12. Please keep it quiet tho. If you don’t that’s fine. Come round the back if you do. X.”
27. The trial judge considered that the question he had to ask himself was: “As a matter of law, do the contents of the note and the circumstances in which it was handed over amount to incitement?” and he was minded to direct a not guilty verdict.
