Director of Public Prosecutions v Hardy [2008] EWHC 2874 (Admin) (30 October 2008)

Director of Public Prosecutions v Hardy [2008] EWHC 2874 (Admin) (30 October 2008)

There was a prima facie case of harassment based on the evidence, and no reasonable bench could have found otherwise; the magistrates' decision was perverse and the case should be remitted for retrial.

Citation
[2008] EWHC 2874 (Admin)
Parties
Claimant: Director of Public Prosecutions; Defendant: Hardy
Jurisdiction
England and Wales
Judgment Date
30 October 2008
Procedural Posture
Criminal Appeal by Way of Case Stated / Appeal From Magistrates' Decision
Outcome
Appeal allowed; case remitted for retrial before a different bench of justices.
Legal Topics
Harassment, Protection From Harassment Act 1997, Burden of Proof, Reasonableness of Conduct
Criminal Law Harassment Protection From Harassment Act 1997 Burden of Proof Reasonableness of Conduct

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Hardy

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Appeal From Magistrates' Decision

Legal Issues

  1. 1 Whether the magistrates' decision that there was no case to answer was perverse
  2. 2 Whether the conduct amounted to harassment under the Protection from Harassment Act 1997
  3. 3 Whether the pursuit of the course of conduct was reasonable under Section 1(3)(c)

Ratio Decidendi

There was a prima facie case of harassment based on the evidence, and no reasonable bench could have found otherwise; the magistrates' decision was perverse and the case should be remitted for retrial.

Court Disposition

Appeal allowed; case remitted for retrial before a different bench of justices.

Orders

  • Case remitted to Gwynedd Justices for retrial by a different panel.
  • No order for costs.