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Harassment and stalking

Kelly, Rory
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2024 - Irish Jurist Stalking and Harassment Accepted.pdf
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Identifiers
https://hdl.handle.net/10379/18535
 https://doi.org/10.13025/29329
Publication Date
2024
Keywords
Harassment, stalking, criminal law, violence against women and girls.
Type
journal article
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Citation
Kelly, Rory. (2024). Harassment and stalking. Irish Jurist.
Abstract
The Criminal Justice (Miscellaneous Provisions) Act 2023 introduced a new offence of stalking and reformed the existing offence of harassment. This article examines both offences asking whether they cover all the conduct that they target, whether they should cover all such conduct and whether the offences will require refinement in the appellate courts. The article draws out numerous features of both offences that may require the attention of the courts to include whether harassment may be committed by omission, whether there is a de minimis standard for harassment and whether a single incident may constitute stalking. There are good reasons for both offences. Yet it is one thing to make a successful case for criminalisation and quite another to draft a criminal offence effectively.
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Publisher
Thomson Reuters (Professional) Ireland Limited for the Irish Jurist Designated Activity Company (DAC), UCD Sutherland School of Law
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Attribution-NonCommercial-NoDerivatives 4.0 International
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Collections
School of Law (Scholarly Articles)