Canberra & the ACT · Public order
Stalking charges in the ACT.
Stalking in the ACT is a course of conduct, on more than one occasion, done to cause fear or harm or to harass. It carries up to two years, and more where a weapon or a court order is involved. Intent and whether the conduct is really a course are the issues.
- Basic2 yearss 35 Crimes Act 1900 (ACT)
- Weapon / order breach5 yearsHigher penalty
- CourtMagistrates / SupremeTriable summarily
- Key issueCourse & intentMore than one occasion
The ACT offence.
Stalking is a course of conduct, not a single act. It requires conduct on at least two occasions, and an intent to cause fear or harm or to harass. Ordinary contact, or a single incident, is not stalking, and the line matters.
Penalties and where the matter is heard.
Stalking is indictable but is usually dealt with summarily in the ACT Magistrates Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT). Where the conduct is connected to a family violence matter, it is often dealt with alongside it.
Defences and issues that matter.
A course of conduct.
The offence requires conduct on at least two occasions. Where the allegation rests on a single incident, or on conduct that is not really a course, the offence may not be made out.
Intent.
Stalking requires an intent to cause fear or harm or to harass. Where the contact had a legitimate purpose and no such intent, the offence may fail.
The account and the evidence.
These matters rest on the accounts and on messages, call records and other electronic evidence, which are tested closely.
How the matter is run.
The work is to test whether the conduct is really a course, whether the intent is made out, and what the electronic record actually shows. These matters are sensitive and are handled carefully, with attention to any related family violence proceedings and to bail.
Frequently asked.
What is stalking in the ACT?
A course of conduct, on at least two occasions, of following, watching, approaching or contacting a person, with intent to cause fear or harm or to harass, under s 35 of the Crimes Act 1900 (ACT).
What is the penalty for stalking in the ACT?
Up to 2 years, rising to 5 years where a weapon is involved or a court order is breached, with aggravated forms carrying more.
Is a single incident stalking?
Usually not. Stalking requires conduct on at least two occasions. A single incident, or conduct that is not really a course, may not make out the offence.
Where is a stalking charge heard in the ACT?
It is indictable but usually dealt with summarily in the ACT Magistrates Court, often alongside any related family violence matter.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019