Jason's Case — Criminal Harassment — Dismissed

Client:  Jason, Accused
Complainant:  Lacy, Jason's former girlfriend
Charge:  Criminal Harassment (repeatedly following)

Background:  Lacy was at the police again complaining about Jason. He had been charged the day before with criminal harassment for repeatedly communicating with her. The police had released Jason on a Promise to Appear on condition that he leave Lacy alone. Lacy was now alleging that Jason had followed her that day (see her detailed statement in paragraph 8 of the judgment linked below.) Jason was charged again with criminal harassment, this time for "repeatedly following Lacy from place to place."

READ THE POLICE REPORT

Goals:  Jason wanted the charge dismissed or withdrawn.

Strategy:  For a conviction, the criminal-harassment section requires "repeatedly" following. In my discussions with the Crown, I submitted that there was only one following alleged. They had no case! The Crown disagreed. We scheduled the trial.

Results:  At trial, the Judge ruled that there was only "one instance of following." He dismissed the charge.

READ THE JUDGE'S DISMISSAL