Cumulative incidents sufficient to constitute the offence of harassment against ex girlfriend

Criminal law – appeal against convictions – appellant harassed ex girlfriend, assaulted her and stole her mobile phone after she entered new relationship with other man – harassment contrary to s. 10 of the Non Fatal Offences Against The Person Act 1997 – assault contrary to s. 3 of the Non Fatal Offences Against The Person Act 1997 – theft contrary to s. 4 of the Criminal Justice (Theft and Fraud Offences) Act 2011 – section 10 of the Non Fatal Offences Against The Person 1997 – whether the trial judge erred in law in allowing the allegation of harassment to go to the jury in circumstances where the only evidence placed before the jury that was capable of amounting to harassment related to just two occasions – whether the trial judge erred in law in refusing to accede to the application of the defence at the close of the prosecution case, to withdraw the case from the jury – whether the incidents referred to by the complainant established harassment within the meaning of s. 10 of the Non Fatal Offences Against The Person Act 1997 – various incidents referred to in the evidence, while not individually constituting harassment, were quite capable of commutatively doing so – jury was adequately charged in relation to the necessary ingredients for a s. 10 harassment offence, and that the evidence relating to the harassment allegation was properly left with the jury for their evaluation and verdict – evidence is, when taken in its entirety, quite capable of meeting the threshold sufficient to constitute the offence of harassment – conviction appeal dismissed – whether the sentences imposed for the assault and phone theft offences, and which effectively equate to a four-year prison term, were excessive – unserved balance of sentences suspended – appeal of sentence allowed.