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Criminal law – Harassment – Course of conduct – Evidence before court of two incidents – Second incident involving threats directed at complainant’s dogs – Complainant not asked specifically whether threats causing fear of violence – Whether threat directed at dogs capable of amounting to conduct for purposes of statute – Whether magistrate entitled to draw inference that complainant feared violence without direct evidence from her – Protection from Harassment Act 1997, s 4.
NOTES
In this case the defendant was alleged to have adopted a course of conduct causing fear of violence on two occasions, contrary to section 4 of the Protection from Harassment Act 1997. On the second occasion, the threat was to kill the victim's dog.
It was ruled that such a threat not actually directed towards the victim herself could amount to a threat of violence nonetheless. This was just one of the means of threatening violence which came within the scope of the act.
Obviously this case could be relevant to protestors where the threat is alleged to have not been made directly, but in some indirect manner. So long as the victim fears violence, by whatever means, then the offence is complete.
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