ZN, R. v

ZN, R. v

The trial judge misdirected the jury by equating harassment with causing alarm or distress and omitting the requirement that the conduct be oppressive. This was a central element of the offence, and the omission rendered the conviction unsafe, as it is possible the jury might have acquitted had they been properly directed.

Parties
Respondent: R; Appellant: ZN
Jurisdiction
England and Wales
Judgment Date
23 March 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Crown Court
Outcome
Appeal allowed; conviction quashed
Legal Topics
Breach of Non Molestation Order, Harassment, Jury Directions, Appeal Against Conviction
Criminal Law Family Law Breach of Non Molestation Order Harassment Jury Directions Appeal Against Conviction

Case Brief

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Parties

R

Respondent

ZN

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Crown Court

Legal Issues

  1. 1 Whether the trial judge misdirected the jury as to the definition of 'harassing conduct' under a Non-Molestation Order
  2. 2 Whether the conviction was safe despite the misdirection

Ratio Decidendi

The trial judge misdirected the jury by equating harassment with causing alarm or distress and omitting the requirement that the conduct be oppressive. This was a central element of the offence, and the omission rendered the conviction unsafe, as it is possible the jury might have acquitted had they been properly directed.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Conviction quashed