AJR v R.

AJR v R.

The restraining order was quashed because the statutory test under section 5A of the Protection from Harassment Act 1997 was not met: there was no evidence of a likely course of conduct amounting to harassment, as the incident was a single event and not a course of conduct, and the necessity test was not satisfied.

Parties
Appellant: A J R; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
01 May 2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence (restraining Order)
Outcome
appeal allowed; restraining order quashed
Legal Topics
Restraining Orders, Insanity Defence, Statutory Interpretation, Protection From Harassment, Children's Welfare
Criminal Law Mental Health Law Family Law Restraining Orders Insanity Defence Statutory Interpretation Protection From Harassment Children's Welfare

Case Brief

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Parties

A J R

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (restraining Order)

Legal Issues

  1. 1 Whether a restraining order can be imposed under section 5A of the Protection from Harassment Act 1997 following a special verdict of not guilty by reason of insanity
  2. 2 Whether the facts justified the making of the restraining order
  3. 3 Whether the restraining order unjustifiably infringed Article 8 ECHR rights

Ratio Decidendi

The restraining order was quashed because the statutory test under section 5A of the Protection from Harassment Act 1997 was not met: there was no evidence of a likely course of conduct amounting to harassment, as the incident was a single event and not a course of conduct, and the necessity test was not satisfied.

Court Disposition

appeal allowed; restraining order quashed

Orders

  • The restraining order is quashed.