Stalking
Stalking Is A Serious Criminal Offence In Queensland
In Queensland, stalking is a criminal offence under section 359B of the Queensland Criminal Code 1899. Unlawful stalking refers to intimidating behaviour toward another person which causes apprehension or fear of violence. It can include following or approaching, watching or contacting a person, loitering, and other threatening or harassing behaviours.
This contact may be in person, via telephonic communications or online.
To be convicted of a stalking offence, Police must prove beyond a reasonable doubt that:
- The accused has engaged in conduct that was intentionally directed at the complainant
- That the conduct occurred on at least one occasion;
- That the conduct consists of one or more of the following:
- Following, loitering near, watching or approaching a person
- Contacting a person in any way, including, for example, by telephone, mail, fax, email or through the use of any technology
- Loitering near, watching, approaching or entering a place where a person lives, works or visits
- Leaving offensive material where it will be found by, given to or brought to the attention of, a person
- Giving offensive material to a person, directly or indirectly
- An intimidating, harassing or threatening act against a person, whether or not involving violence or a threat of violence
- An act of violence, or a threat of violence, against, or against property of, anyone, including the defendant; and
- And that the above conduct:
- Would cause the stalked person apprehension or fear, reasonably arising in all the circumstances, of violence to, or against property of, the stalked person or another person; or
- Causes detriment, reasonably arising in all the circumstances, to be stalked person or another person.
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Jurisdiction
Stalking can consist of multiple acts, or one single act. It does not matter whether the conduct is short or protracted, or whether the conduct consists of the same or different behaviours.
Simple unlawful stalking matters may be dealt with in a Magistrates Court. More serious offending may be indicted and heard by a Judge in the District Court.
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What are the penalties for stalking?
The maximum penalty for a stalking offence is 5 years imprisonment. Aggravating circumstances can increase the maximum penalty to 7 years imprisonment. These circumstances of aggravation could be the use of, or threat of violence or weapons, or breaching orders.
Possible Defences
There are a number of potential defences to an offence of stalking. This include identification errors, where the Police may have wrongly identified the offender. There are also specific conduct that is particularised in the Criminal Code s359D that does not constitute stalking including: a. acts done in the execution of a law or administration of an Act or for a purpose authorised by an Act; b. acts done for the purposes of a genuine industrial dispute; c. acts done for the purposes of a genuine political or other genuine public dispute or issue carried on in the public interest; d. reasonable conduct engaged in by a person for the person’s lawful trade, business or occupation; e. reasonable conduct engaged in by a person to obtain or give information that the person has a legitimate interest in obtaining or giving.
Do I need legal advice?
Stalking can be a complex matter with potential defences available. If you or someone that you know has been charged with stalking they should seek early and expert legal advice to understand all of the options available to them. Our criminal defence team strives to provide each client with expert advice and representation, delivered with honesty and uncompromising commitment.
