Melissa had a relationship with her work colleague, Stefan. Unfortunately, Stefan, who knew he was HIV positive, infected Melissa with HIV. Although Stefan regularly used condoms, Melissa suspected that Stefan deliberately sabotaged his condoms to infect her because he secretly hated women. Devastated, Melissa decided to get her own back by scratching his new BMW with a key. She also made several silent phone calls to his mobile phone, left dozens of messages on his voice mail, told work colleagues that he hated women and pushed nasty letters through his letter box over a period of several months.As a result of Melissa’s behaviour, Stefan spiralled into a depression and developed an anxiety disorder but had to attend the office Christmas party for the sake of his career. Jumpy and agitated he drank several glasses of wine to calm his nerves. He felt several people were whispering about him behind his back and so went to the bathroom to be on his own. While walking along a dark corridor, he heard some footsteps behind him. Stefan turned around and saw Melissa throw her drink over him. Seeing Melissa continue to walk towards him with a glass in her hand, Stefan leapt from a first floor office window onto the ground to get away. He suffered a sprained elbow in the fall.
Advise Stefan and Melissa on their criminal liability, if any.
Do NOT discuss liability under the Protection from Harassment Act 1977 or any other offences not covered in the syllabus.