ZN, R. v [2016] EWCA Crim 92 (23 March 2016)

ZN, R. v [2016] EWCA Crim 92 (23 March 2016)

The judge misdirected the jury by equating harassment with causing alarm or distress and omitting the requirement of oppression, an essential ingredient for criminal liability under s.42A Family Law Act 1996. This misdirection rendered the conviction unsafe as the jury may not have convicted had the correct legal...

Source-derived case information.

Citation
[2016] EWCA Crim 92
Parties
Appellant: R; Respondent: ZN
Jurisdiction
England and Wales
Judgment Date
23 March 2016
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Breach of Non Molestation Order, Harassment, Jury Misdirection
Criminal Law Family Law Breach of Non Molestation Order Harassment Jury Misdirection

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Parties

R

Appellant

ZN

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the judge misdirected the jury as to the definition of harassing conduct under s.42A Family Law Act 1996
  2. 2 Whether the conviction was safe despite the misdirection

Ratio Decidendi

The judge misdirected the jury by equating harassment with causing alarm or distress and omitting the requirement of oppression, an essential ingredient for criminal liability under s.42A Family Law Act 1996. This misdirection rendered the conviction unsafe as the jury may not have convicted had the correct legal threshold been applied.

Court Disposition

appeal allowed

Orders

  • conviction quashed