James v Crown Prosecution Service [2009] EWHC 2925 (Admin) (04 November 2009)

James v Crown Prosecution Service [2009] EWHC 2925 (Admin) (04 November 2009)

The court was entitled to conclude that the incidents, including those of 8 and 9 November, amounted to a course of conduct under the Act, regardless of who initiated the calls, and that the appellant knew or ought to have known his conduct amounted to harassment.

Citation
[2009] EWHC 2925 (Admin)
Parties
Claimant: Martin Richard James; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
04 November 2009
Procedural Posture
Appeal by Way of Case Stated / High Court (divisional Court) Judgment
Outcome
Appeal dismissed
Legal Topics
Harassment, Protection From Harassment Act 1997, Course of Conduct, Knowledge of Harassment
Criminal Law Harassment Protection From Harassment Act 1997 Course of Conduct Knowledge of Harassment

Case Brief

Summary, issues, holding and outcome

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Parties

Martin Richard James

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Appeal by Way of Case Stated / High Court (divisional Court) Judgment

Legal Issues

  1. 1 Whether incidents of 8 and 9 November amounted to a course of conduct under the Protection from Harassment Act 1997
  2. 2 Whether the appellant knew or ought to have known that his conduct amounted to harassment

Ratio Decidendi

The court was entitled to conclude that the incidents, including those of 8 and 9 November, amounted to a course of conduct under the Act, regardless of who initiated the calls, and that the appellant knew or ought to have known his conduct amounted to harassment.

Court Disposition

Appeal dismissed