Stalking and Harassment

Question 1

Definition

Answer 1

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.​

Question 2

Actus reus of harassment

Answer 2

course of conduct
which amounts to harassment of another, ​

Question 3

Mens Rear of Harassment

Answer 3

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

Question 4

Can you use this on the first offence

Answer 4

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

Question 5

How long between different incidents for a course of conduct

Answer 5

No guidance’s
a year might be ok

one case of three phone calls in 5 mins was held

Question 6

Can the defendant be a company

Answer 6

yes

Question 7

Can the victim be a company

Answer 7

no

Question 8

Can a person be alarmed for another.

Answer 8

Yes

Question 9

Are enquires harassment

Answer 9

legitimate enquires can become harassment if they continue.

Question 10

Defences to Harassment

Answer 10

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​

Question 11

Harassment with fear of violence

Answer 11

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. ​
​