Public order offences

Question 1

Breach of the peace

Answer 1

Smith v Donnelly
- conduct severe enough to cause alarm to ordinary people
- unitary

Harris
- can be done in private if there is reasonable chance of discovery

Question 2

Threatening or abusive behaviour

Answer 2

Statutory
Paterson v Harvie - objective test of fear/alarm

Question 3

Stalking

Answer 3

Statutory

Question 4

Improper use of communications

Answer 4

Communications act 2003
- send a message that is grossly offensive or indecent