Harassment

Question 1

What is harassment

Answer 1

the pursuit of a course of conduct which amounts, which he knows or ought to know, amounts to harassment

Question 2

Which act provides portetciton

Answer 2

Protection from Harassment Act which was initially aimed at stalking

Question 3

Which case shows that the Act has since been used to prevent sexually explicit pictures

Answer 3

AMP v Person unknown

Question 4

Which case demonstrated how the Act has been used to prevent workplace bullying

Answer 4

Down v CC Northumbria police

Question 5

What does S 1(1) provide

Answer 5

A person must not pursue a cause of conduct (a) which amounts to harassment of another and (b) which he knows or ought to know amounts to harassment

Question 6

What S defines what it its

Answer 6

S 7(2) defines harassment as alarming or causing diets

Question 7

What does Thomas define it as

Answer 7

oppressive and unreasonable

Question 8

What does Majroski define it was

Answer 8

oppressive and unacceptable

Question 9

What does Thomas say will not amount to harassing behaviour

Answer 9

annoyances, even a measure of upset- conduct which is unattractive even unreasonable

Question 10

What does Majrowski say will not amount to harassment

Answer 10

ordinary banter abd badinage of everyday life

Question 11

Which case distinguished between what may eb allowed on the factory floor v hospital ward

Answer 11

Conn v Sunderland CC

Question 12

Which S PHA refers to knowledge

Answer 12

S.1(1)(b): he knows or ought to know that it amounts to harassment

Question 13

Which case attaches to knows or ought to know

Answer 13

Levi v Bates: does not have to eb the person at whom the harassment is targeted- where it is foreseeable that another person will be the V of the harassment can bring a claim

Question 14

What is taken into account when considering the course of conduct

Answer 14

length of time; number of instances; whether it was unplanned or spontaneous behaviour; looks at other interactions between the parties; and whether there has been problems with co-habitation

Question 15

Case where letters where sent

Answer 15

Iqbal v Dean Mason Solicitors; A first letter, by itself, may appear innocent and may even cause no alarm, or at the most a slight unease. However, in light of the subsequent letters, that first letter may be seen as part of a campaign of harassment’

Question 16

Case showing the difficulties of cohabitation

Answer 16

R v Curtis, ‘The difficulties of showing course of conduct where the C and D are co-habiting (We cannot conclude that, in this volatile relationship, the six incidents over a nine-moth period amounted to a course of condct amounting to harassment within the meaning of the statute. The spontaneuous outburst of ill-temper and bad behaviour, with aggression on both sides, which are the hallmarks of the present case, interspersed as those outbursts were with considerable periods of affectionate life, cannot be described as such a course of conduct’

Question 17

Can employers be vicariously liable

Answer 17

yes

Question 18

What does S 1(3)(a) provide a defence for

Answer 18

conduct or purpose of prevention or detection of crime

Question 19

case for protection/prevention of crime

Answer 19

Hayes v Willoughby

Question 20

What defence does S 1(3)(c) provide for

Answer 20

pursuit of a course of conduct which is reasonable

Question 21

Course of conduct which was reasonable

Answer 21

Ware v McAllister; publication of newspaper articles: right to freedom of expression