Stalking and Harassment Flashcards

1
Q

Definition

A

A person must not pursue a course of conduct

which amounts to harassment of another, ​

AND ​

which he/she knows or ought to know amounts to harassment of the other.​

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2
Q

Actus reus of harassment

A

course of conduct
which amounts to harassment of another, ​

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3
Q

Mens Rear of Harassment

A

he/she knows or ought to know amounts to harassment of the other.​

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4
Q

Can you use this on the first offence

A

no, need at least two
must show both incidents are linked and designed to cause harassment.

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5
Q

How long between different incidents for a course of conduct

A

No guidance’s
a year might be ok

one case of three phone calls in 5 mins was held

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6
Q

Can the defendant be a company

A

yes

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7
Q

Can the victim be a company

A

no

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8
Q

Can a person be alarmed for another.

A

Yes

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9
Q

Are enquires harassment

A

legitimate enquires can become harassment if they continue.

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10
Q

Defences to Harassment

A

for the purpose of preventing or detecting crime​

under any enactment or rule of law to comply with a particular condition or requirement, or​

In circumstances whereby the course of conduct was reasonable​

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11
Q

Harassment with fear of violence

A

A person whose course of conduct
causes another to fear,
on at least two occasions,
that violence will be used against him
is guilty of an offence if:​

he knows or ought to know that his course of conduct
will cause the other so to fear on each of those occasions. ​

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12
Q
A
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