Jose, R. v
The restraining order was not justified as the judge did not make findings of necessity or likelihood of harassment, nor did he apply the correct legal test as required by section 5A and relevant case law.
- Parties
- Appellant: Jinny Jose; Respondent: The Crown
- Jurisdiction
- England and Wales
- Judgment Date
- 23 May 2013
- Procedural Posture
- Criminal Appeal / Appeal Against Restraining Order After Acquittal
- Outcome
- appeal allowed
- Legal Topics
- Restraining Orders, Harassment, Acquittal, Protection From Harassment Act 1997
Case Brief
Summary, issues, holding and outcome
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Parties
Jinny Jose
Appellant
The Crown
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Restraining Order After Acquittal
Legal Issues
- 1 Whether the restraining order under section 5A of the Protection from Harassment Act 1997 was necessary after acquittal
- 2 Whether the factual basis for imposing the restraining order was established
Ratio Decidendi
The restraining order was not justified as the judge did not make findings of necessity or likelihood of harassment, nor did he apply the correct legal test as required by section 5A and relevant case law.
Court Disposition
appeal allowed
Orders
- restraining order quashed
Full Case Text
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