Director of Public Prosecutions v Doherty (Unapproved) [2020] IESC 45_1 (24 July 2020)

Director of Public Prosecutions v Doherty (Unapproved) [2020] IESC 45_1 (24 July 2020)

Harassment under s.10 of the Non-Fatal Offences Against the Person Act 1997 includes persistent communications intended to reach the victim, even if made to third parties, provided the conduct seriously interferes with the victim's peace and privacy or causes alarm, distress, or harm, and a reasonable person would foresee such effects. The conviction is upheld on the basis of harassment through communication.

Citation
[2020] IESC 45_1
Parties
Prosecutor/respondent: The People (at the suit of the Director of Public Prosecutions); Appellant/accused: Eve Doherty
Jurisdiction
Ireland
Judgment Date
24 July 2020
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Harassment, Statutory Interpretation, Non Fatal Offences Against the Person Act 1997, Besetting, Communication as Harassment
Criminal Law Harassment Statutory Interpretation Non Fatal Offences Against the Person Act 1997 Besetting Communication as Harassment

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Parties

The People (at the suit of the Director of Public Prosecutions)

Prosecutor/respondent

Eve Doherty

Appellant/accused

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether indirect communications to third parties about a victim can constitute harassment under s.10 of the Non-Fatal Offences Against the Person Act 1997
  2. 2 Whether 'besetting' under s.10 requires physical presence or can include persistent communications

Ratio Decidendi

Harassment under s.10 of the Non-Fatal Offences Against the Person Act 1997 includes persistent communications intended to reach the victim, even if made to third parties, provided the conduct seriously interferes with the victim's peace and privacy or causes alarm, distress, or harm, and a reasonable person would foresee such effects. The conviction is upheld on the basis of harassment through communication.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Order of the Circuit Criminal Court affirmed.
  • Order of the Court of Appeal upheld.