Hilson v McCarthy

Hilson v McCarthy

The four incidents found by the Crown Court—use of the judge's personal email, comments to court security, comments in court, and the birthday card—were, in their context, capable of amounting to harassment. The conduct was oppressive, objectionable, and went beyond what is merely unattractive or unreasonable. The Crown Court did not err in law in determining that these acts could constitute harassment.

Parties
Appellant: Gary Hilson; Appellant: Tracy McCarthy; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
11 April 2019
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Harassment, Protection From Harassment Act 1997, Judicial Protection, Threshold for Criminal Harassment, Public Domain Information and Harassment
Criminal Law Harassment Protection From Harassment Act 1997 Judicial Protection Threshold for Criminal Harassment Public Domain Information and Harassment

Case Brief

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Parties

Gary Hilson

Appellant

Tracy McCarthy

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the acts of the appellants were capable of amounting to harassment under the Protection from Harassment Act 1997
  2. 2 Whether incidents involving use of a judge's personal email and comments in court crossed the threshold for criminal liability

Ratio Decidendi

The four incidents found by the Crown Court—use of the judge's personal email, comments to court security, comments in court, and the birthday card—were, in their context, capable of amounting to harassment. The conduct was oppressive, objectionable, and went beyond what is merely unattractive or unreasonable. The Crown Court did not err in law in determining that these acts could constitute harassment.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.