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Lawyers for Mr Bassett said the Act stated that private parts — such as breasts — must be "exposed" during an act of voyeurism.
It lokking claimed that the Act only referred to female breasts and that the jury had been poorly directed by the judge at St Albans Crown Court. Lord Justice Hughes, sitting at the Court of Appeal in London with Mr Justice Treacy and Sir Paul Cresswell, said the trial judge had given the jury legal directions before they retired, but had failed properly to address the question of the meaning of breasts.
He ruled that Judge John Plumstead's directions to the jury were flawed and quashed Mr Bassett's conviction.
Referring to the Act, Lord Justice Hughes said: "The intention of Parliament was to mean female breasts and not an exposed male chest. This Act didn't mean to refer to the male chest but only to female breasts, it follows that the judge's directions on the meaning of breasts was erroneous. The subject of the tape said: "I noticed a middle-aged male on a bench holding a plastic bag.
I noticed a hole at an angle pointing towards myself and my daughter. There's no right or wrong way to check your breasts.
But it is important to know how your breasts usually look and feel. That way, you can spot any changes quickly and report them to your GP.
Be breast aware Every woman's breasts are different in terms of size, shape and consistency. It's also possible for one breast to be larger than the other.
Get used to how your breasts feel at different times of the month. This can change during your menstrual cycle.
After the menopause, normal breasts feel softer, less firm and not as lumpy.