The thought of being followed by a stranger is scary, especially for vulnerable people.
An example was a 37-year-old man from Mitchelton charged with unlawful stalking and willful exposure after two separate occurrences on Brisbane’s Northside.
With respect to the stalking incident, it is alleged that the suspect proceeded toward a girl in her teens along the Kedron Brook at Gaythorne on 4 April 2022. He allegedly followed her by bicycle to a property on Belleview Street.
After the girl went into the building, the suspect left the scene. This man has been taken into custody, charged, and denied bail.
This incident has highlighted the need for awareness surrounding the crime of stalking.
What is Stalking?
Even if you do not believe you are stalking someone, you can still be charged with stalking.
The following types of behaviour can be construed as stalking:
- Following someone;
- Waiting around someone’s workplace or residence;
- Constantly contacting the person;
- Intimidating or harassing someone; or
- Threatening or perpetrating violent acts against the person.
An incident can be regarded as stalking even if it just occurred once or over an extended period.
Does the Victim Need to Be Afraid
It is immaterial whether you intended to stalk the person in question, it merely depends on whether your actions caused the victim apprehension or gear of violence against person or property or causes them detriment, reasonably arising out of the circumstances.
What Does Not Amount to Stalking?
If the act has to do with an industrial relations contention, a political or actual public dispute, or if it is associated with public interest matters or genuine business causes, it does not amount to stalking.
Sanctions for Stalking
The maximum sentence for stalking is five years imprisonment. In major incidents, i.e., where violence is used, if there is the presence of a weapon or a domestic violence order, or any other restraining order is contravened, the maximum sentence is seven years imprisonment.
If you are acquitted of stalking charges, the presiding judge or magistrate might still issue a restraining order if they decide that one is needed or the prosecutor or any other interested party applies for one.
Should I Get Legal Advice?
You might consider approaching a Criminal Lawyer in Brisbane in the following circumstances:
- You have been charged with stalking or a crime associated with it;
- You have been asked to take part in a police interview regarding a likely stalking crime;
- You think that you are being stalked and need help with a domestic violence order; or
- You believe you are being stalked and want to learn more about a peace and good behaviour order.
You can seek legal advice whether you are a victim or have been charged with or suspected of committing the crime of stalking.
Unlawful Stalking Defences
For the prosecution to be successful, they need to prove each requirement of unlawful stalking beyond a reasonable doubt.
Types of Defences that can be argued include the following:
- Mistaken identity;
- Proving that the behaviour falls under section 359D of the Queensland Criminal Code Act 1899 and does not amount to stalking; or
- A general defence is applicable.
It’s in your best interest to contact a Criminal Lawyer in Brisbane to represent you in defending a possible stalking-related offence.
What to Do if You Are a Victim or Have Been Charged with Unlawful Stalking?
If you think you are being stalked or have been charged with unlawful stalking, seek guidance from a Criminal Lawyer in Brisbane. In both instances, you need to be aware of your rights, and you need to know how to approach the situation to get the best possible outcome.