Install Tracking Device
Charges
Stalking; Install Listening Device; Install Tracking Device.
Facts
The client had been dating a girl for a number of years when they both decided to become monogamous. The relationship continued but the client suspected that his partner was still seeing other people. So he decided to install tracking software on his partner’s iPhone in order to determine at all times where she was.
Following the installation of the software the client became aware that his partner was in fact cheating on him. He confronted her, and she admitted that she was cheating. The client forgave her but left the software installed. Despite her assurances to the contrary, she kept seeing the other man. When the client confronted her again, she started to wonder how the client was getting his information, so she asked him and he revealed what he had done. The partner then went to police and the above charges were laid.
Results
The client received a Diversion. This is different to a non-conviction; it means that the record is effectively sealed, and it is as though the offence never occurred. The client was eligible for Diversion because he made full admissions and was cooperative with police.
The challenge here for us was the nature of the charges. It was difficult to get the client to even be considered for Diversion. It was even more difficult to convince the Magistrate that it was appropriate. Prior to Court we obtained very helpful psychological material and had the summary fairly severely amended.
It should be noted this is not an outcome that anyone should expect in relation to the above charges; it is the exception rather than the rule. It does however demonstrate clearly the ethos of Dribbin & Brown. Our job is to push the envelope to achieve the best possible result for our clients.
