Have you been charged with Stalking?
If so, you will need to engage a law firm that specialises in criminal law and stalking charges.
Stalking is a serious offence. On a plea guilty, you could face up to 10 years in prison. It is therefore important that you discuss your options with an experienced stalking lawyer.
- Does the Prosecution have a case?
- Did you intentionally set out to cause another person to fear for their own physical or mental safety?
- Did you engage in a course of conduct?
- When were you charged?
The legislation is complex, and you will benefit from the help of a criminal law specialist before facing a Court.
Read on for further information on Stalking.
What is stalking?
Stalking in Victoria occurs when one person, intentionally engages in a “course of conduct” to cause physical or emotional harm to, another person.
What amounts to a course of conduct is something that needs to be discussed with an experienced criminal lawyer.
Elements of the offence
Section 21A of the Crimes Act 1958.
The prosecution must prove:
The defendant intentionally engaged in a “course of conduct” that included conduct of the type described in s21A(2)(a)-(g); and
The defendant either:
committed that course of conduct with the intention of causing physical or mental harm to the alleged victim, including self-harm or of arousing apprehension or fear in the victim for his or her own safety or that of any other person; or
knew that engaging in a course of conduct of that kind would be likely to cause such harm, or arouse such apprehension or fear; or
ought to have understood that engaging in a course of conduct of that kind would be likely to cause such harm, or arouse such apprehension or fear, and it actually did have that result.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Stalking cases will usually be heard in the Magistrates’ Court of Victoria but serious examples could be heard in the County Court.
Questions to consider
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
When were you charged? The offence of Stalking changed after 7 June 2011. Therefore you should consult a specialist criminal lawyer before proceeding further.
What to do next?
See an experienced criminal lawyer urgently. Preparation in relation to any matter is critical. Ensure that you do not delay in obtaining legal advice.
If you have been charged with Stalking make an appointment to see one of our experienced lawyers today.
The legislation
21A. Stalking
(1) A person must not stalk another person.
Penalty: Level 5 imprisonment (10 years maximum).
(2) A person (the offender) stalks another person (the victim) if the offender engages in a course of conduct which includes any of the following—
(a) following the victim or any other person;
(b) contacting the victim or any other person by post, telephone, fax, text message, e-mail or other electronic communication or by any other means whatsoever;
(ba) publishing on the Internet or by an e-mail or other electronic communication to any person a statement or other material—
(i) relating to the victim or any other person; or
(ii) purporting to relate to, or to originate from, the victim or any other person;
(bb) causing an unauthorised computer function (within the meaning of Subdivision (6) of Division 3) in a computer owned or used by the victim or any other person;
(bc) tracing the victim’s or any other person’s use of the Internet or of e-mail or other electronic communications;
(c) entering or loitering outside or near the victim’s or any other person’s place of residence or of business or any other place frequented by the victim or the other person;
(d) interfering with property in the victim’s or any other person’s possession (whether or not the offender has an interest in the property);
(e) giving offensive material to the victim or any other person or leaving it where it will be found by, given to or brought to the attention of, the victim or the other person;
(f) keeping the victim or any other person under surveillance;
(g) acting in any other way that could reasonably be expected—
(i) to cause physical or mental harm to the victim, including self-harm; or
(ii) to arouse apprehension or fear in the victim for his or her own safety or that of any other person—
with the intention of causing physical or mental harm to the victim or of arousing apprehension or fear in the victim for his or her own safety or that of any other person.
(3) For the purposes of this section an offender also has the intention to cause physical or mental harm to the victim or to arouse apprehension or fear in the victim for his or her own safety or that of any other person if—
(a) the offender knows that engaging in a course of conduct of that kind would be likely to cause such harm or arouse such apprehension or fear; or
(b) the offender in all the particular circumstances ought to have understood that engaging in a course of conduct of that kind would be likely to cause such harm or arouse such apprehension or fear and it actually did have that result.
(4) This section does not apply to conduct engaged in by a person performing official duties for the purpose of—
(a) the enforcement of the criminal law; or
(b) the administration of any Act; or
(c) the enforcement of a law imposing a pecuniary penalty; or
(d) the execution of a warrant; or
(e) the protection of the public revenue—
that, but for this sub-section, would constitute an offence against sub-section (1).
(4A) In a proceeding for an offence against sub-section (1) it is a defence to the charge for the accused to prove that the course of conduct was engaged in without malice—
(a) in the normal course of a lawful business, trade, profession or enterprise (including that of any body or person whose business, or whose principal business, is the publication, or arranging for the publication, of news or current affairs material); or
(b) for the purpose of an industrial dispute; or
(c) for the purpose of engaging in political activities or discussion or communicating with respect to public affairs.
(6) It is immaterial that some or all of the course of conduct constituting an offence against sub-section (1) occurred outside Victoria, so long as the victim was in Victoria at the time at which that conduct occurred.
(7) It is immaterial that the victim was outside Victoria at the time at which some or all of the course of conduct constituting an offence against sub-section (1) occurred, so long as that conduct occurred in Victoria.
(8) In this section –
“mental harm includes –
(a) psychological harm; and
(b) suicidal thoughts.
