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

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

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.

Citation
[2014] 1 JLR 84
Parties
Appellant: Chapman; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
20 December 2013
Procedural Posture
Criminal Appeal / Appeal
Outcome
conviction overturned
Legal Topics
Harassment, Disorderly Conduct
Criminal Law Harassment Disorderly Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Chapman

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal

Legal Issues

  1. 1 What constitutes harassment under Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008, art. 3(1)?
  2. 2 Whether two unpleasant Facebook posts and a Christmas card following an acrimonious break-up justify criminal liability for harassment.

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

Orders

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