Assaults / Violence Offences – VIC

Welcome to the VIC Stalking article page. Everything you need to know about Stalking according to VIC law.

What the Law states according to VIC Law for Stalking

According to VIC Law for the charge of Stalking,

Crimes Act 1958 – Section 21A
Stalking

21A. Stalking

(1) A person must not stalk another person.

Penalty: Level 5 imprisonment (10 years maximum).

(2) A person (the offender) stalks another person (the victim) if the offender engages in a course of conduct which includes any of the following-

(A) following the victim or any other person;

(B) contacting the victim or any other person by post, telephone, fax, text message, e-mail or other electronic communication or by any other means whatsoever;

(C) publishing on the Internet or by an e-mail or other electronic communication to any person a statement or other material-

(i) relating to the victim or any other person; or

(ii) purporting to, relate to, or to originate from, the victim or any other person;

(D) causing an unauthorised computer function (within the meaning of Subdivision 6 of Division 3) in a computer owned or used by the victim or any other person;

(E) tracing the victim’s or any other person’s use of the Internet or of e-mail or other electronic communications;

(F) 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;

(G) interfering with property in the victim’s or any other person’s possession (whether or not the offender has an interest in the property);

(H) giving offensive material to the victim or any other person or leaving it where it will be found by, given to or brought to the attention of, the victim or the other person;

(I) keeping the victim or any other person under surveillance;

(J) acting in any other way that could reasonably be expected to arouse apprehension or fear in the victim for his or her own safety or that of any other person, with the intention of causing physical or mental harm to the victim or of arousing apprehension or fear in the victim for his or her own safety or that of any other person.

(3) For the purposes of this section an offender also has the intention to cause physical or mental harm to the victim or to arouse apprehension or fear in the victim for his or her own safety or that of any other person if-

(a) the offender knows that engaging in a course of conduct of that kind would be likely to cause such harm or arouse such apprehension or fear; or

(b) the offender in all the particular circumstances ought to have

(c) understood that engaging in a course of conduct of that kind would be likely to cause such harm or arouse such apprehension or fear and it actually did have that result.

Maximum Penalty – Stalking

10 years

What the Police must prove – Stalking

(a) The accused engaged in course of conduct conduct that caused physical or mental harm to the victim or aroused apprehension or fear in the victim for the safety of himself or herself or any other person

(b) The accused’s course of conduct involved must include at least one of the seven acts listed in s 21A(2) of the Crimes Act 1958 (Vic).

(c) The accused must have engaged in the course of conduct with the intention of causing physical or mental harm to the victim or of arousing apprehension or fear in the victim for his or her own safety or that of another person.

(d) The accused’s course of conduct must have aroused such apprehension or fear in the victim.

Possible Defences

(a) Consent
(b) Factual dispute
(c) Honest and reasonable mistake of belief
(d) Lack of intent
(e) Mental impairment

Which court in VIC will hear the matter

Magistrates’ Court

Further law information can be found on Melbourne Criminal Lawyers site (click here).

 

Date: 09/01/2009