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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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hi i have been to the police with a harassment case with an

Customer Question

hi i have been to the police with a harassment case with an ex over some emails and they are still investigating, the problem is this happened harassment without violence with him before. what can I expect?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

hi it was a harassment without violvence case 4 years ago and i pleaded guilty, and now he is saying i sent him emails opened his exes name. they have evidence and my IP address.if they charge me with harassment what can i expect he lives in hong kong (he lived there the last time)

Expert:  Jo C. replied 2 years ago.
Is the IP evidence going to link to you?
Customer: replied 2 years ago.

of course -unfortunately they got it already so they are likely to charge but still investigating

Expert:  Jo C. replied 2 years ago.
Ok.

How many emails roughly please?
Customer: replied 2 years ago.

about 23-30 but no calls text messages

Expert:  Jo C. replied 2 years ago.
Thanks.

Were they just annoying rather than threatening?

Over what time period?

Customer: replied 2 years ago.

about 06/2013- 14/01/2014 just distressing him and i can prove the date is wrong cos i was in hospital from 11/01/2014-17/01/2014 and i didnt have internet-is he liying

Expert:  Jo C. replied 2 years ago.
Thanks.

What did you get last time?

ARe you in breach of a restraining order?
Customer: replied 2 years ago.

not at the moment

Expert:  Jo C. replied 2 years ago.
Was there a restraining order which has expired?
Customer: replied 2 years ago.

march 2012 sorry i got £300 fine, 1 year community order plus 2 years restraining order

Expert:  Jo C. replied 2 years ago.
Thank you.

You didn't receive the worst sentence last time. There may have been a number of reasons for that. If you are female and he is male then women do generally get outrageously favourable treatment by the criminal courts. There is not really a good reason for it. It just comes down to plain sexism.

However, there is no escaping the fact that this is a more serious incident. The biggest aggravation is just that you seem to have been separated for so long and the courts may interpret this subsequent offence as evidence of an obsession with him.

None of the sentencing guidelines really apply. This cannot be called a small number of incidents but equally it can't amount constant contact either. There are no threats and don't think that this can really be described as sending offensive material. The aggravation lies in the level of sophistication and planning.

I think overall that the court would probably say that this is in the second sentencing bracket. For a person of good character convicted after a trial afraid the starting point is six weeks custody and the range is a medium community order to 12 weeks custody.

You can't hide from the fact that you are not of good character and you do have a relevant conviction against the same victim. That said, I imagine you would plead guilty so the two rather cancel each other out.

You are at risk of custody but I think you would probably avoid it although they may impose a suspended sentence upon you.

You are facing a lifelong restraining order though I'm afraid. It's fortunate that the old one has expired because they can't try and charge you with breach of a restraining order which would carry much greater penalties.

Can I clarify anything for you?

Jo

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