Harassment Flashcards
What is harassment
the pursuit of a course of conduct which amounts, which he knows or ought to know, amounts to harassment
Which act provides portetciton
Protection from Harassment Act which was initially aimed at stalking
Which case shows that the Act has since been used to prevent sexually explicit pictures
AMP v Person unknown
Which case demonstrated how the Act has been used to prevent workplace bullying
Down v CC Northumbria police
What does S 1(1) provide
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
What S defines what it its
S 7(2) defines harassment as alarming or causing diets
What does Thomas define it as
oppressive and unreasonable
What does Majroski define it was
oppressive and unacceptable
What does Thomas say will not amount to harassing behaviour
annoyances, even a measure of upset- conduct which is unattractive even unreasonable
What does Majrowski say will not amount to harassment
ordinary banter abd badinage of everyday life
Which case distinguished between what may eb allowed on the factory floor v hospital ward
Conn v Sunderland CC
Which S PHA refers to knowledge
S.1(1)(b): he knows or ought to know that it amounts to harassment
Which case attaches to knows or ought to know
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
What is taken into account when considering the course of conduct
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
Case where letters where sent
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’
Case showing the difficulties of cohabitation
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’
Can employers be vicariously liable
yes
What does S 1(3)(a) provide a defence for
conduct or purpose of prevention or detection of crime
case for protection/prevention of crime
Hayes v Willoughby
What defence does S 1(3)(c) provide for
pursuit of a course of conduct which is reasonable
Course of conduct which was reasonable
Ware v McAllister; publication of newspaper articles: right to freedom of expression
