It is extremely hard to come up with a defence to breaching an Asbo. In the past, Mr Gough has been represented by very able counsel who have struggled, with no success, to persuade judges that it breaches his human rights. In the latest prosecution he was representing himself in the Crown Court and so, once the judge forbade him to come into court undressed, he made literally no arguments at all. It was that ruling that he was challenging, unsuccessfully, on appeal. But even if he had been present to argue his case in court, the jury would not have been allowed to decide whether his nakedness should be treated as criminal; their only job was to say whether or not the Asbo had been breached.