The defendant had been charged with putting somebody in fear of violence contrary to section 2 of the 1997 Act. The judge found no case to answer on the count but left it on the indictment. The defendant now appealed his conviction on the lesser charge of harassment. The charge under section 2 was not a summary offence which could have been added to the indictment under the 1988 Act.
Held: The appeal failed. The offence was a proper alternative verdict open to the jury.
Judges:
Lady Justice Hallett, Mr Justice Mackay
Citations:
Times 08-Jan-2007
Statutes:
Protection from Harassment Act 1997 2, Criminal Justice Act 1988 40
Citing:
Cited – Regina v Carson CACD 1990
Where the judge had found there to be no case to answer on a single count of violent disorder, he was entitled to leave the statutory alternative of using threatening behaviour, a summary offence, to the jury, and the not guilty verdict of the jury . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 01 May 2022; Ref: scu.247883
