The accused was tried on charges of criminal harassment and mischief arising from post-separation conduct toward a former intimate partner.
The court found that repeated unwanted and degrading text messages, surveillance, unauthorized entry into the complainant’s home, confrontation of her new partner, and placement of a GPS tracking device in her vehicle established the actus reus of criminal harassment and supported a finding that the complainant’s fear was objectively reasonable.
Applying the subjective mens rea standard, the court held the accused knew or was at least reckless or wilfully blind to whether the complainant was harassed, particularly in light of repeated express demands to stop and his own acknowledgements in the messages.
The court also found that installing or causing the installation of the GPS device interfered with the complainant’s lawful use and enjoyment of her vehicle.
Convictions were entered on both counts.
