Widdows, R. v
The conviction was unsafe because the incidents did not amount to a course of conduct constituting harassment within the meaning of the Act, the joinder of the harassment charge with rape charges was inappropriate, and the jury was not adequately directed on the requirements of harassment.
- 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, Joinder of Charges, Sufficiency of Jury Directions, Protection From Harassment Act 1997
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Appellant
David Roger Widdows
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the conviction under section 4 of the Protection from Harassment Act 1997 was safe given the nature of the relationship and incidents alleged
- 2 Whether it was appropriate to join a section 4 harassment charge with charges of rape
- 3 Whether the judge's summing up and jury directions were adequate regarding the requirements of harassment
Ratio Decidendi
The conviction was unsafe because the incidents did not amount to a course of conduct constituting harassment within the meaning of the Act, the joinder of the harassment charge with rape charges was inappropriate, and the jury was not adequately directed on the requirements of harassment.
Court Disposition
conviction quashed
Orders
- appeal allowed
- conviction under section 4 of the Protection from Harassment Act 1997 quashed
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