There are two types of harassment offences a person could be charged with:
- Criminal Harassment under section 264 of the Criminal Code.
- Harassing Communications under section 372(3) of the Criminal Code.
To establish a person is guilty of Criminal Harassment, the Crown must prove that:
- The accused engaged in one or more of the following behaviours:
- Repeatedly following the victim or anyone known to the victim from place to place;
- Repeatedly communicating, directly or indirectly, with the victim or anyone known to the victim;
- Stalking or watching the home, workplace, or any other location where the victim or anyone known to them known to frequent; and/or
- Engaging in threatening conduct directed at the victim or any member of the victim’s family.
- The victim was harassed;
- The accused knew or was reckless or wilfully blind to the fact that the victim was harassed;
- The accused’s behaviour caused the victim to fear for their safety or the safety of someone else known to them;
- The victim’s fear was reasonable.
To establish a person is guilty of Harassing Communications, the Crown must prove that:
- The accused communicated with the victim repeatedly;
- The communication was by “means of telecommunication”;
- The accused intended to harass the victim; and
- The accused had no lawful excuse for their behaviour.
Consequences of Being Found Guilty of Criminal Harassment
The consequences of being found guilty of Criminal Harassment can be serious. It can also have other serious implications on your life including: a criminal record, issues with obtaining or maintaining employment or volunteer opportunities, travel restrictions, jail time, a period of probation with strict conditions, a victim fine surcharge, a weapons prohibition order and an order allowing the police to collect and store your DNA on the national DNA data bank.
At Godinho Zager LLP, our Criminal Lawyers possess extensive expertise in handling Criminal Harassment and Harassing Communications offences and strive to achieve the best possible outcome for clients facing such charges. If you have been charged with a harassment offence, we encourage you to contact us promptly. We offer a free consultation to discuss your situation and explore the available legal options.
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