Stalking and Harassment Flashcards
Definition
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.
Actus reus of harassment
course of conduct
which amounts to harassment of another,
Mens Rear of Harassment
he/she knows or ought to know amounts to harassment of the other.
Can you use this on the first offence
no, need at least two
must show both incidents are linked and designed to cause harassment.
How long between different incidents for a course of conduct
No guidance’s
a year might be ok
one case of three phone calls in 5 mins was held
Can the defendant be a company
yes
Can the victim be a company
no
Can a person be alarmed for another.
Yes
Are enquires harassment
legitimate enquires can become harassment if they continue.
Defences to Harassment
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
Harassment with fear of violence
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.