Charlotte Crocombe successfully resists appeal against Stalking Protection Order
Charlotte Crocombe successfully resists appeal against Stalking Protection Order
The Crown Court dismissed an Defendant’s appeal against the imposition a Stalking Protection Order (“SPO”) against him.
Across a four month period, the Defendant had sent his child’s teacher (“A”) three anonymous gifts to her home address. A had also encountered the Defendant around her home address, without any apparent reason for him being in her local area. Accordingly, the police applied for a stalking protection order.
At trial, the Magistrates Court declined to find that the Defendant’s presence around A’s home address was an act associated with stalking, but found that his posting of anonymous of gifts were. The Court further found that the Defendant posed a risk associated with stalking to A and imposed a SPO. The Defendant appealed, maintaining that his actions were a misguided attempt at courting.
Following Charlotte’s submissions, the Crown Court had “no hesitation” in concluding that all actions of the Defendant were acts associated with stalking and that the Defendant posed a risk associated with stalking. The Court adopted many of Charlotte’s submissions, noting in particular that the acts of sending gifts were preceded by other acts of stalking (including loitering in A’s local area and the commissioning of a background report) in order to establish A’s precise address. Moreover, the Court held that the Defendant had failed both to show any insight into the consequences his behaviour and express remorse. In dismissing the Defendant’s appeal, the Crown Court maintained the SPO imposed by the Magistrates Court, and added one further prohibition. The Court also awarded Charlotte’s client 100% of its costs in the appeal.
Charlotte represented the Chief Constable of the Metropolitan Police. She is an expert in civil remedies for anti-social behaviour and violence against women and girls.
To instruct Charlotte Crocombe please contact the Clerks on +44 (0)20 7404 5252 or by email to [email protected].
