(bc) tracing the victim’s or any other person’s use of the Internet or of e-mail or other electronic communications (bb) 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 (ii) purporting to relate to, or to originate from, the victim or any other person (i) relating to the victim or any other person or (ba) publishing on the Internet or by an e-mail or other electronic communication to any person a statement or other material. (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 (a) following the victim or any other person (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. Penalty: Level 5 imprisonment (10 years maximum). (1) A person must not stalk another person. If you have been charged with Stalking make an appointment to see one of our experienced lawyers today. Ensure that you do not delay in obtaining legal advice. See an experienced criminal lawyer urgently. Preparation in relation to any matter is critical. Therefore you should consult a specialist criminal lawyer before proceeding further. When were you charged? The offence of Stalking changed after 7 June 2011. Stalking cases will usually be heard in the Magistrates’ Court of Victoria but serious examples could be heard in the County Court.ĭo you have a defence? If you are pleading guilty, what can you do to minimise your sentence? Level 5 imprisonment being a maximum of 10 years. Ought to have 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. Knew that engaging in a course of conduct of that kind would be likely to cause such harm, or arouse such apprehension or fear or The defendant intentionally engaged in a “course of conduct” that included conduct of the type described in s21A(2)(a)-(g) andĬommitted that course of conduct with the intention of causing physical or mental harm to the alleged victim, including self-harm or of arousing apprehension or fear in the victim for his or her own safety or that of any other person or Read on for further information on Stalking. Stalking in Victoria occurs when one person, intentionally engages in a “course of conduct” to cause physical or emotional harm to, another person.What amounts to a course of conduct is something that needs to be discussed with an experienced criminal lawyer. The legislation is complex, and you will benefit from the help of a criminal law specialist before facing a Court. Did you intentionally set out to cause another person to fear for their own physical or mental safety?.It is therefore important that you discuss your options with an experienced stalking lawyer. On a plea guilty, you could face up to 10 years in prison. If so, you will need to engage a law firm that specialises in criminal law and stalking charges.
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