offences against the person + consent

Lecture 8

Non fatal ofences against the person

Harassment

Protection from harassment act 1997

 Section 2- ofence of harassment

Course of conduct harasses, must take place on two+ occasions

 Section 4- fear of viiolence

Conduct causes fear of viiolence on two+ occasions

Mens rea: D knows or ought to know course of conduct amounts to harassment s.1(1)(b) or will
cause fear of viiolence s.4(1)



Stalking

Protection from harassment act 1997

 Section 2A- ofence of stalking

Course of conduct amounts to stalking, must take place of two+ occasions.
Stalking includes: (a) following (b) contacting, or aaempting to contact (c) publishing any statement
or other material, (d) monitoring the use by a person of the internet, email (e) loitering (f) interfering
with any property (g) watching or spying s.2A(3)

 Section 4A- fear of viiolence or serious alarm or distress

Conduct amounts to stalking and causes fear of viiolence, serious alarm or distress on two+ occasions

Mens rea: D knows or ought to know course of conduct amounts to harassment s.2A(2)(c) or will
cause fear of viiolence, serious alarm or distress s.4A(1)



Assault

s.39 criminal justice act 1988- 6months

Definition of assault: An act by which D, intentionally or recklessly, causes s to apprehend
immediate and unlawful personal viiolence. Stephens vi Myers (1830), Ireland (1998)

Actus reus: any act by which D causes s to apprehend immediate and unlawful viiolence

 Apprehension
 Unlawful means non-consensual
 How immediate must the threat be (Ireland 1998- silent phonecalls, Constanza 1997)
 Can words alone amount to an assault (Ireland 1998- silent phonecalls, Constanza 1997)
 Conditional threats (uuberviille vi saviage 1669) “if it were not assize time, I would not take
such language from you”