Whether the no-prosecution order for alleged threats and unlawful entry should be set aside
The appeal court found the respondents' denials credible and held that the contrary could not be established; the threat allegation also failed because the statements were not objectively capable of alarming or frightening the victim.
The court gave the respondents the benefit of their statements, found no sufficient contrary evidence, and noted that the threat standard under criminal law was not met. It also saw no need to hear the complainant's mother as witness because her impartiality was doubtful.