Acquittal After Trial in Uncommon Communication Offence

Case study summary

We were approached to represent this client after it was alleged that she had 'bombarded' the complainant's business with reviews.

Over a five day trial, we were able to persuade a District Judge of her innocence, and she was acquitted.

Case study

Our client was charged with the offence of improper use of public electronic communications network. It was clear from the outset that the Prosecution did not appear to have understood the offence and were treating it as a harassment case. Our client denied any wrongdoing and explained that she had concerns about the complainant's business practices and that her actions were justified as being in the public interest.

We analysed the case and the law in order to properly prepare our client's defence. We also instructed Rachel Cooper of Lincoln House Chambers to represent our client during the trial. It transpired that the prosecution were applying the wrong legal tests to the case. The correct test was to determine if the defendant had persistently sent messages using a public communications network for the sole reason of causing annoyance, inconvenience, or needless anxiety.

Our client denied that she had carried out this course of conduct for the sole purpose of causing annoyance, inconvenience, or needless anxiety. We also disputed that her conduct was persistent and submitted that the prosecution case was being framed incorrectly. They alleged hundreds of messages and reviews were sent without evidence to show this. We discovered that the client had been updating her original review in accordance with the complainant's actions.

The trial was expected to last only two days, however, the first two days were delayed due to lengthy cross examination of the complainants in the case, meaning the trial lasted a total of five days.

The complainants gave evidence and were evasive in answering the questions put to them. They exaggerated and dramatised their accounts in order to paint our client as a vindictive and aggressive person. When our client gave evidence in her defence, she was able to demonstrate that the behaviour they alleged was entirely out of character for her.

This case involved considering lengthy case law and carrying out further research into a variety of topics, such as the law on making covert recordings and how websites retain and display information. The preparation of this material and careful consideration of our client's account enabled us to present her case to the District Judge in the best way possible.

Our client was, and remains, a professional. She was concerned about what a conviction would mean for her career and future. Being acquitted of the offence was a massive relief for her and she was able to continue with her life after her lengthy and stressful involvement with the criminal justice system.