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harrassment?

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  • 08-11-2013 12:50pm
    #1
    blastit
    Registered Users Posts: 172 ✭✭


    If A writes a letter to B and B considers it harrassment/intimidating, is it A's intention or B's subjective feeling that says whether it is or not harrassment

    A does not intend harassment. Does it have to be intentional to be harassment?


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    #2
    bumper234
    Closed Accounts Posts: 10,250 ✭✭✭✭bumper234


    blastit wrote: »
    If A writes a letter to B and B considers it harrassment/intimidating, is it A's intention or B's subjective feeling that says whether it is or not harrassment

    A does not intend harassment

    Would content not play a major factor here? It depends on the words used i suppose but then there is how the sender meant it and how the recipient reads it. I have received texts before and totally got the wrong meaning when reading them, could the letter content be misconstrued the same way?


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    #3
    blastit
    Registered Users Posts: 172 ✭✭blastit


    bumper234 wrote: »
    Would content not play a major factor here? It depends on the words used i suppose but then there is how the sender meant it and how the recipient reads it. I have received texts before and totally got the wrong meaning when reading them, could the letter content be misconstrued the same way?
    possibly and the recipient acknowledges it may not have been the intent.


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    #4
    bumper234
    Closed Accounts Posts: 10,250 ✭✭✭✭bumper234


    blastit wrote: »
    possibly and the recipient acknowledges it may not have been the intent.

    Then i don't see how one letter could be seen as harassment, several letters where the wording gets more threatening/aggressive yes but one letter?


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    #5
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Non-Fatal Offences Against the Person Act, 1997

    Harassment.

    10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

    (2) For the purposes of this section a person harasses another where—

    (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

    (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

    (3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

    (4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

    (5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

    (6) A person guilty of an offence under this section shall be liable—

    (a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

    (b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.


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    #6
    234
    Registered Users Posts: 1,529 ✭✭✭234


    bumper234 wrote: »
    Then i don't see how one letter could be seen as harassment, several letters where the wording gets more threatening/aggressive yes but one letter?

    If the letter is part of a pattern of communication then it could be harassment.

    OP, as you can see from the legislation quoted above there are both subjective and objective elements to various aspects of this offence.


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    #7
    blastit
    Registered Users Posts: 172 ✭✭blastit


    Bepolite wrote: »
    Non-Fatal Offences Against the Person Act, 1997

    Harassment.

    10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

    (2) For the purposes of this section a person harasses another where—

    (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

    (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

    (3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

    (4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

    (5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

    (6) A person guilty of an offence under this section shall be liable—

    (a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

    (b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.
    What if A genuinely believes they have a genuine grievance and is trying to resolve it. And they do not intend harassment. Is that reasonable excuse to persist?


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    #8
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    blastit wrote: »
    What if A genuinely believes they have a genuine grievance and is trying to resolve it. And they do not intend harassment. Is that reasonable excuse to persist?

    I can think of no legitimate reason to harress somebody. If you have a genuine grievence with another person that should not give you a right to harass them.


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    #9
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    blastit wrote: »
    What if A genuinely believes they have a genuine grievance and is trying to resolve it. And they do not intend harassment. Is that reasonable excuse to persist?

    Tis the ol' subjective test with a bit of objectiveness thrown in. If A writes a letter about the fact that they don't like B's yellow fence and B comes out screaming I'm going to have you thrown in prison for writing this letter you're harassing me and continues to do so each time B sees A arguably it's B harassing A.

    It very much depends on the actual facts.


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    #10
    blastit
    Registered Users Posts: 172 ✭✭blastit


    mmm hypothetically speaking if A apologised would that be an admission of guilt?


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    #11
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    This is an awfully specific hypothetical. Seek legal advice.


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