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Stalking is an indictable offence which carries a maximum penalty of 10 years imprisonment.
The vast majority of people who plead guilty or are found guilty of this offence do not serve a full time term of imprisonment. Very few people charged with this offence escape a conviction being recorded and a punishment being imposed.
A Court can impose any of the following penalties for a stalking charge:
Stalking occurs when a person contacts, follows or engages in a course of conduct towards another person when that person does not want them to and it causes them fear or distress.
This can also include online stalking and harassment through social media networks and sites and remotely accessing and hacking another’s computer.
The offence of stalking is contained in the Crimes Act 1958 under section 21A. The offence has 2 elements:
The course of conduct must be one of the types of conduct specified in s21A (2) of The Crime Act 1958, (these include following the victim, contacting the victim, publishing information on the internet, etc.). The matters set out in s21A(2) are not necessarily unlawful. It is these actions in a course of conduct directed at a person combined with a specific intent that constitutes the criminality of the offence.
While sections1A(2)(a)-(f) Crimes Act 1958 identifies particular forms or types of conduct, s 21(2)(g) is a ‘catch all’ provision, aimed at all other type of conducts which have the effect of arousing apprehension or fear in the victim for his or her own safety or that of any other person.
Types of conduct which may constitute stalking can include:
In order to be found guilty of this offence, the Police must establish beyond a reasonable doubt that:
Section 21A(4A) of the Crimes Act 1958, provides a defence to the charge of stalking for the accused to prove that the course of conduct was engaged in without malice, (meaning it was not intended to cause harm or apprehension) where the alleged conduct was done in the normal course of a lawful business, trade profession or enterprise; for the purpose of an industrial dispute; or for the purpose of engaging in political activities or discussion or communicating with respect to public affairs.
As an indictable offence this matter can be heard in the County Court.
It is also an indictable matter which may be heard summarily in the Magistrates Court where the maximum penalty to be imposed is 2 years on a single charge, and 5 years on multiple charges.
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers will be able to guide you through the process while dealing with the various authorities related to your matter.
Contact Armstrong Legal:
Melbourne: (03) 9620 2777
Sydney: (02) 9261 4555
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100
Perth: (08) 9321 5505