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CRIMINAL LAW, EVIDENCE AND PROCEDURE - HARASSMENT – COURSE OF CONDUCT – EVIDENCE BEFORE COURT OF TWO INCIDENTS FOUR MONTHS APART – WHETHER INCIDENTS CONSTITUTING A COURSE OF CONDUCT – PROTECTION FROM HARASSMENT ACT 1997, S 2.
Notes
In this case two incidents said to constitute a course of conduct took place separated by a period of 4 months. On the first instance the boyfriend slapped his girlfriend in the face, and on the second he threatened his estranged partner's new boyfriend in her presence.
The judge ruled that this could not amount to a cause of conduct:
I fully accept that the incidents which need to be proved in relation to harassment need not exceed two incidents, but, as it seems to me, the fewer the occasions and the wider they are spread the less likely it would be that a finding of harassment can reasonably be made. One can conceive of circumstances where incidents, as far apart as a year, could constitute a course of conduct and harassment. In argument Mr Laddie put the context of racial harassment taking place outside a synagogue on a religious holiday, such as the day of atonement, and being repeated each year as the day of atonement came round. Another example might be a threat to do something once a year on a person’s birthday. Nonetheless the broad position must be that if one is left with only two incidents you have to see whether what happened on those two occasions can be described as a course of conduct.
In this case, the incidents could not be described to constitute a course of conduct causing harssment in the circumstances, especially as in the second incident the threat was not directed at the victim herself.
If you ever find yourself on a borderline harassment charge such as in this , it is worth remembering the above quote especially the first sentence. We view it as authority for saying that, as a general rule, two incidents spread over a period of several months cannot be regarded as a course of conduct causing harassment.
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