Stalking and Harassment

Question 1

Stalking and Harassment can have a serious effect on mental health, emotional wellbeing and day to day life. Name a case that illustrates this.

Answer 1

Ireland and Burstow - criminalisation of severe harms caused through stalking

Question 2

Thomas v News Paper Groups

Answer 2

Says that ‘harassment’ is left mostly undefined and should be interpreted according to its common meaning

Question 3

R v Colohan (2001)

Answer 3

D’s schizophrenia is not a relevant factor. Although, it may be found as a defence of insanity - confirmed in Loake v DPP.

Question 4

We are told in section 7 (2) that harassment includes “the causing of alarm or distress”. What did O’Neill have to say about this?

Answer 4

O’Neill said that “many actions that cause alarm or distress will not amount to harassment”.

Question 5

James v CPS

Answer 5

Even an active role by V will not necessarily undermine liability. The case of James v CPS illustrates this - exposure to the harassment is irrelevant

Question 6

Kelly v DPP

Answer 6

Where D made three calls but the V listened to them at the same time

Question 7

Lau v DPP

Answer 7

The first incident involved D slapping V (his then girlfriend) on the face. The second, four months later, involved D threatening V’s new partner with a brick. D was charged with a s2 offence: although a course of conduct can be found despite a lengthy gap, even up to a year, the incidents must have a logical connection