Qosja, R. v

Qosja, R. v

The complainant's evidence, when viewed in context, entitled the jury to find that she feared violence on two separate occasions, satisfying the statutory requirement. The judge's interpretation of the statute was correct and the case was properly left to the jury.

Parties
Respondent: Regina; Appellant: Robert Qosja
Jurisdiction
England and Wales
Judgment Date
22 September 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Stalking, Protection From Harassment, Fear of Violence, Interpretation of Statutes
Criminal Law Stalking Protection From Harassment Fear of Violence Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Robert Qosja

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the evidence established that the complainant feared violence on at least two occasions as required by section 4A(1)(b)(i) of the Protection from Harassment Act 1997
  2. 2 Whether the trial judge erred in rejecting the submission of no case to answer
  3. 3 Proper interpretation of 'fear of violence' under the statute

Ratio Decidendi

The complainant's evidence, when viewed in context, entitled the jury to find that she feared violence on two separate occasions, satisfying the statutory requirement. The judge's interpretation of the statute was correct and the case was properly left to the jury.

Court Disposition

Appeal dismissed