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the address which contains the encouragement or the endeavour to persuade reaches.”[1]
22. In Invicta Plastics Ltd v Clare[2], the manufacturer company of a device capable of giving advance warning to its users of a band of transmissions from radio amateurs, police radar speed traps and commercial/military airport radar, placed an advertisement in a car magazine about the device. Later, upon the request of a prosecutor posed as a person interested in the device, the company provided a leaflet to the prosecutor which gave further information about the device. As a result, the company was respectively charged with the offence of inciting the readers of the magazine and the prosecutor to use unlicensed apparatus for wireless telegraphy.
23. The defence argued that the offence was not made out because the advertisement merely encouraged readers to find out more about the device, so it did not amount to incitement in fact or in law. In respect of the leaflet, it was submitted that all the information contained therein was true. Such, coupled with the warning that its use for certain purposes would be unlawful, did not constitute any incitement to use the device in an unlawful manner.
24. At trial, it was considered that both the advertisement and the leaflet deliberately aimed at inciting prospective purchasers to buy the device in order specifically to receive the police radar speed trap signals, the deliberate reception of which was illegal. The reasoning was that
