Tan, R. v [2017] EWCA Crim 493 (30 March 2017)

Tan, R. v [2017] EWCA Crim 493 (30 March 2017)

Although the judge's directions could have been clearer and omitted the word 'serious', the directions as a whole were sufficient to ensure the jury addressed the statutory ingredients of the offence. The conviction is not unsafe.

Citation
[2017] EWCA Crim 493
Parties
Respondent: Regina; Appellant: Celia Tan
Jurisdiction
England and Wales
Judgment Date
30 March 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Stalking, Harassment, Jury Directions, Criminal Behaviour Order, Careless Driving
Criminal Law Stalking Harassment Jury Directions Criminal Behaviour Order Careless Driving

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Respondent

Celia Tan

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on the definition of harassment in the context of stalking under section 4A of the Protection from Harassment Act 1997
  2. 2 Whether omission of the word 'serious' in the direction regarding alarm or distress rendered the conviction unsafe

Ratio Decidendi

Although the judge's directions could have been clearer and omitted the word 'serious', the directions as a whole were sufficient to ensure the jury addressed the statutory ingredients of the offence. The conviction is not unsafe.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • no change to sentence or orders