A restraining order is being applied for at the Peterborough County Court against Mr John Henry Davis 0f 20 Mayfield Rd Peterborough may it please the Court
Parties Mr Peter James Francis of 21 Lansdowne Walk Peterborough
Miss Mary Francis 9 years old daughter of the above of the same address
Incidents
5 Jan 2013 - Verbal Threat of violence in a public place Peterborough and stalking winessed by several people, Police called to a public house 2013
March 2013 - Threats abuse/harassment at 8 South Parade Peterborough
Threats of violence 2011
ca Sept 2010 Threat of violence at 20 Mayfield Rd Peterborough
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Restraints
Given the background of the said Mr John Davis and his record of threats and violence and the Protection order in place currently against Mr E J Francis and the frequent visits to ......
Section 2A offence - Stalking
The elements of the section 2A offence are:
a course of conduct which is in breach of section 1(1) of the Protection from Harassment Act 1997 (i.e. a course of conduct which amounts to harassment) and
the course of conduct amounts to stalking.
This means that there has to be a course of conduct which amounts to harassment and that particular harassment can be described as stalking behaviour.
A course of conduct is the same as defined under section 7 of the PHA 1997 and referred to elsewhere in this guidance.
Definition of stalking
Stalking is not legally defined but section 2A (3) of the PHA 1997 lists a number of examples of behaviours associated with stalking. The list is not an exhaustive one but gives an indication of the types of behaviour that may be displayed in a stalking offence. The listed behaviours are:
(a) following a person,
(b) contacting, or attempting to contact, a person by any means,
(c) publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person,
(d) monitoring the use by a person of the internet, email or any other form of electronic communication,
(e) loitering in any place (whether public or private),
(f) interfering with any property in the possession of a person,
(g) watching or spying on a person.
Section 2A is a summary offence and a person guilty of the offence of stalking is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine.
As a summary only offence, the section 2A offence requires an information or complaint to be laid within 6 months from the time when the offence was committed, or the matter of complaint arose. The 6 months' limitation should run from the last date of the course of conduct alleged.
An integral part of the stalking offence is establishing that harassment has taken place. In determining whether the defendant ought to know that the course of conduct amounts to harassment, the question to be considered is whether a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
Defence - Stalking - section 2A
If the suspect is able to show that any of the defences to harassment under section 1(3) of the PHA are made out, he or she can not be guilty of stalking as without harassment there can be no conviction for stalking.
S.4 offence - Putting People in Fear of Violence
The elements of the section 4 offence are:
a course of conduct;
which causes another to fear that violence will be used against him; and
which the defendant knows or ought to know will cause another to fear that violence will be used against him; and
the defendant ought to know that his course of conduct will cause another to fear that violence will be used against them if a reasonable person in possession of the same information would think that the course of conduct would cause the other so to fear on that occasion.
Defence - Putting People in Fear of Violence - s.4
Section 4 also includes the following statutory defences. It is for the defendant to show that:
the course of conduct was pursued for the purpose of preventing or detecting crime;
the course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment; or
pursuit of the course of conduct was reasonable for the protection of him or herself or another or for the protection of her, his or another's property.
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Affects of violent threats on a nine year old child My daughter Mary is street wide and resilient. She attends St Botolph's C of E School and is proitected and nurtured there by Mrs Daniels and staff Despite her apparent maturity she has been severly traumatised by seeing at very close quarter her Father threatened with violence by a person she regards as an Uncle, Mr John Henry Davis of 20 Mayfield Road Peterborough. On the very day follwoing this incident Maary accompanied by me returned to Peterborough towjn centre, Nary was acutely aware of noise and the proximity of people. Whe, to take lunch, we approach a poublic house inNorth Steet Peterborough, Mary fesfused to enter saying that the presence of people and the noise upset her, she felt insecure and threatened. I acceeded to her wishes of course. Mary and I both consulted our Doctor following this traumatic incident and I am fearful of her present mood and behaviour. I have advised the school who will keep a careful watch over her Mary received a certificate in 2013 for her helpful and humane approach and her willingness to help other children. Feelings which are complete anathema to Mr J H Davis
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