Widdows, R. v [2011] EWCA Crim 1500 (21 June 2011)

Widdows, R. v [2011] EWCA Crim 1500 (21 June 2011)

The conviction was unsafe because the conduct did not amount to harassment as required by section 4 of the Protection from Harassment Act 1997, the jury was not properly directed on the concept of harassment, and it was inappropriate to join the harassment charge with rape charges in the indictment.

Citation
[2011] EWCA Crim 1500
Parties
Appellant: Regina; Respondent: David Roger Widdows
Jurisdiction
England and Wales
Judgment Date
21 June 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
Harassment, Fear of Violence, Protection From Harassment Act 1997, Joinder of Charges, Jury Directions
Criminal Law Harassment Fear of Violence Protection From Harassment Act 1997 Joinder of Charges Jury Directions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Appellant

David Roger Widdows

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the conduct amounted to harassment under section 4 of the Protection from Harassment Act 1997
  2. 2 Whether it was appropriate to join a section 4 harassment charge with rape charges
  3. 3 Whether the jury was properly directed on the requirements of harassment

Ratio Decidendi

The conviction was unsafe because the conduct did not amount to harassment as required by section 4 of the Protection from Harassment Act 1997, the jury was not properly directed on the concept of harassment, and it was inappropriate to join the harassment charge with rape charges in the indictment.

Court Disposition

conviction quashed

Orders

  • appeal allowed
  • conviction under section 4 quashed