Jersey Judgment

Chapman v Att. Gen. [2014] 1 JLR 84 (20 December 2013)

Criminal Law Harassment Disorderly Conduct

Citation: [2014] 1 JLR 84
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal Appeal / Appeal

More details

Posture: Criminal Appeal / Appeal

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

A conviction for harassment under the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008, art. 3(1) cannot be justified where the course of conduct merely comprises two unpleasant Facebook posts and a Christmas card following an acrimonious break-up, as this does not meet the threshold for oppressive and unacceptable conduct warranting criminal liability.

Court disposition

conviction overturned

Orders

Conviction under Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008, art. 3(1) overturned on appeal.

Material facts

Parties

Chapman

Appellant

Attorney General

Respondent

Procedural history

Posture

Criminal Appeal / Appeal

Questions and positions

Legal issues

01
What constitutes harassment under Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008, art. 3(1)?
02
Whether two unpleasant Facebook posts and a Christmas card following an acrimonious break-up justify criminal liability for harassment.

Party arguments

Applicant: The appellant argued that the conduct—two unpleasant Facebook posts and a Christmas card—did not amount to harassment as defined by law and was not objectively oppressive or unacceptable.
Respondent: The respondent contended that the conduct met the statutory requirements for harassment and justified criminal liability under the relevant law.

Court’s reasoning

Legal principles

01
Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008, art. 3(1)

Harassment requires conduct on at least two occasions, targeted at the complainant, objectively calculated to cause alarm or distress, objectively judged to be oppressive and unacceptable, may depend on context, and must justify criminal liability.

Ratio, limits and disposition

Ratio decidendi

A conviction for harassment under the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008, art. 3(1) cannot be justified where the course of conduct merely comprises two unpleasant Facebook posts and a Christmas card following an acrimonious break-up, as this does not meet the threshold for oppressive and unacceptable conduct warranting criminal liability.

Court disposition

conviction overturned

Conviction under Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008, art. 3(1) overturned on appeal.

Source and reliance status

Official court record

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Source document

Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2014] 1 JLR 84

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BAILII >> Databases >> Jersey Law Reports >> Chapman v Att. Gen. [2014] 1 JLR 84 (20 December 2013) URL: https://www.bailii.org/je/cases/JLR/2013/JLR141084.html Cite as: [2014] 1 JLR 84 [ New search ] [ Help ] Chapman v Att. Gen. 2014 (1) JLR 84 (20 December 2013) Criminal Law-harassment-matters to be proved-(a) conduct on at least two occasions; (b) targeted at complainant; (c) calculated objectively to cause alarm or distress; (d) objectively judged to be oppressive and unacceptable; (e) may depend on context; and (f) justifies criminal liability-conviction under Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008, art. 3(1) overturned on appeal if not justified (e.g. if course of conduct merely comprised two unpleasant Facebook posts and Christmas card following acrimonious break-up) The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2014 (1) JLR 84 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2013/JLR141084.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008, art. 3(1)

Legislation

Legislation referenced in the available case record.

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