Offences relating to threatening or abusive words/behaviour

• What sections cover Offences relating to threatening or abusive words or behaviour?

  s4, s4A & s5
• What are the common elements between the three sections?

  • Threatening or abusive behaviour
  • Or displays or any writing, sign, or other visible representation
• What can also be included for offences relating to threatening or abusive words or behaviour?

  Can be racially or religiously aggravated
• What balance must be struck for this offence?

  Balance must be struck between individual rights and freedoms and what amounts to criminal conduct
• What sections cover Fear of Provocation of Violence?

  section 4
• How does s4 define Fear of Provocation of Violence?

  A person is guilty of an offence if he—

  • uses towards another person threatening, abusive or insulting words or behaviour, or
  • distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,
  • with intent to cause that person to believe that immediate/threat of unlawful violence will be used against him or another by any person, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked
• Where can the Fear of Provocation of Violence be committed & not committed?

  An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that of another dwelling.
• What are the AR elements for Fear of Provocation of Violence?

  1. Towards another
  2. Threatening, abusive, or insulting: is also objective
• What is the L.P of Brutus v Couzens?

  L.P: D interrupting a tennis match to advocate against Apartheid is not held to be insulting

  L.P: Article 11 rights will be protected if advocation is not insulting
• What is the L.P of Taft?

  L.P: D was held to be insulting when he was masturbating in a car for people to see as a reasonable person would agree that the action is insulting
• What are the MR elements for Provocation of Violence?

  Either:

  • That he intended the victim to believe that immediate unlawful violence would be used against him or another; or
  • That he intended to provoke the immediate use of unlawful violence by the victim or another; or
  • That the victim was likely to believe that immediate unlawful violence would be used; or
  • Was likely that such violence would be provoked.
• What section covers Causing harassment, alarm, or distress?

  section 5
• How does s5 define Causing harassment, alarm, or distress?

  • A person is guilty of an offence if he—
  • uses threatening words or behaviour, or disorderly behaviour, or
  • displays any writing, sign or other visible representation which is threatening, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby
• Where can Causing harassment, alarm or distress be committed & not committed?

  An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that of another dwelling.
• What defences can D use in Causing harassment, alarm or distress?

  • that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
  • that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
  • that his conduct was reasonable
• What are the AR elements for Causing harassment, alarm or distress?

  1. Element of harassment, alarm, or distress: can be relatively low actions
  2. Connection at some point to a victim: not a hypothetical V
• What is the L.P of R(R) v DPP? (where D, a 12 year old, caused distress to a police officer by doing a masturbatory gesture)

  L.P: Held by courts that if D's actions would not cause distress to a reasonable person, D will not be liable for Causing harassment or distress
• What are the MR elements for Causing harassment, alarm, or distress?

  Either:

  • D intended his conduct to be threatening or abusive or disorderly
  • Or that they were aware that it might be so