Source: All England Reporter
Publisher Citation: [2008] All ER (D) 315 (Oct)
Court: Queen's Bench Division, Divisional Court
Judge:

Pill LJ and Pitchford J

Representation Nicholas Williams (instructed by Martin and Strain, Pwllheli) for the defendant
  Richard Edwards (instructed by the Crown Prosecution Service, North Wales) for the Crown
Judgment Dates: 30 October 2008

Catchwords

Criminal law - Harassment - Prima facie case to answer - Defendant making 95 phonecalls to complainant within ninety-minute period - Defendant charged with harassment - Defendant making submission of no case to answer - Justices upholding submission - Whether decision to uphold submission perverse - : ss 1, 2, 7

The Case

Criminal law Harassment. Queen's Bench Division, Divisional Court: Where there had been evidence before the justices which amounted to a prima facie case of harassment against the defendant arising out of repeated telephone calls to the complainant, but they had ruled that there was no case to answer, that decision was perverse. A retrial was ordered.

Practice Areas

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