Stalking

Question 1

Outline s21A CA

Answer 1

Stalking

This crime has the following two elements:

One - the accused intentionally engaged in a course of conduct that included particular types of actions.

Two - The accused either:

• intended that his course of conduct harm complainant, or make complainant feel frightened or apprehensive about her own safety or about the safety of someone else; or
• Knew that his course of conduct would be likely to harm complainant, or to make her feel frightened or apprehensive about her own safety or about the safety of someone else; or
• Ought to have understood that his actions would be likely to harm or frighten complainant, or to make her feel apprehensive about his/her own safety or about the safety of someone else, and his conduct actually did have that effect.

Before you can find accused guilty of stalking, you must be satisfied that the prosecution has proven both of these elements beyond reasonable doubt.

Question 2

How is the first element in the offence of Stalking met

Answer 2

accused intentionally engaged in a course of conduct that included one or more of the following acts:

• following the victim
• contacting the victim or any other person
  
  • publishing on the Internet
• 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
• interfering with property
  
  • threats
  • using abusive or offensive words to or in the presence of the victim
  • directing abusive or offensive acts towards the victim
• giving offensive material to the victim or any other person or leaving it where it will be found
• surveillance.

Question 3

In the offence of Stalking

define course of conduct

Answer 3

acts by the accused must have been committed on more than one occasion, or must have gone on for a prolonged period of time.

A short, isolated act cannot constitute a “course of conduct”

Question 4

For the element - course of coduct to have been committed in the offence of Stalking

is it enough for you to say that it happened over a prolonged period of time

Answer 4

You must find that accused actions were related in such a way, or had such a “continuity of purpose”, that they amounted to a “pattern of behaviour” in relation to the complainant.

A series of unrelated activities, with no continuity of purpose, will not be a course of conduct.