SELECTED CASE LAW

NEWFOUNDLAND & LABRADOR:

[2018] 144 WCB (2d) 480 (NLPC)

In [2018] 144 WCB (2d) 480 (NLPC), Mr. B, a 29-year-old man, dated a woman for a few months and did not want the relationship to end. After she ended the relationship, Mr. B continued to call and text her. He went to her home uninvited and threatened suicide when she told him she did not want a serious relationship. He texted her pictures of blood along with suicidal threats. The first time she called the police, she did not seek charges as she was afraid he would kill himself but did get a peace bond that prohibited contact. After this, Mr. B continued to contact her, including sending her texts of popcorn and comments on her appearance when she was at the movies with her son. He sent her 100 texts in one night and went to her house intoxicated with unwanted gifts and would not leave when she asked him to leave. She called the police who took him to the hospital but did not charge him as she did not want to charge him. At some point, she began blocking his number, but Mr. B would use other people’s phones to call and text her, sometimes impersonating other people. He also sent Facebook messages and posted videos online, including one of himself punching a door while singing, “How am I supposed to live without you?” on social media. When she did communicate with him, she told him that the relationship was over and that she felt stalked and threatened. He was eventually charged and convicted with criminal harassment, unlawfully entering a dwell-ing house, possessing stolen goods (a copy of her house key), harassing communication, and interfering with her enjoyment of property.

Mr. B was not accountable for his actions and believed he did not do anything wrong. He was sentenced to 90 days’ conditional sentence and 12 months’ probation, additional orders included no contact with the complainant or her child, an alcohol prohibition, a lifetime weapons prohibition, and a DNA order.

Also see: [2017] 143 WCB (2d) 331 (NLPC) (Trial)

 

Criminal Offence(s): Harassing Communications