A man who unleashed a tirade of foul language at police while protesting during an army ceremony in Auckland has tried to appeal his conviction claiming the C-word wasn't offensive.
Jack Alexander Daylight was convicted and discharged in March 2012 for using obscene words in a public place - Queen St - in December 2011.
According to a recent High Court decision Daylight was part of a group protesting while the army was being presented with a charter from Mayor Len Brown before marching down the street.
Daylight, who was holding a sign that read "Brother - put the gun down or turn it around - Frag the war", was getting in the way of the presentation and was asked to move by a police officer several times.
After refusing and stating it was a "free country" Daylight was arrested. At this point, the court decision notes, he told the officer involved to "f*** off". When warned about his language he goaded the officer, telling him that as he was already under arrest there was nothing more he could do.
The decision notes that he then "yelled out loudly" several swear words.
At sentencing Daylight's outburst was described as "the uttering of an indignant and childish person who was expressing himself in what could be the most offensive terms".
Daylight appealed his conviction claiming the sentencing judge was wrong to classify the C-word as obscene, that he only swore after being arrested and was "not in complete control of his vocabulary at the time".
The appeal judge found without "the slightest doubt" Daylight had used offensive language and rejected his appeal.
- © Fairfax NZ News
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