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Unlawful Stalking Offences Lawyers On The Sunshine Coast, QLD
In the State of Queensland, the offence of unlawful stalking is characterised in section 359B of the Criminal Code 1899 as being an act that is intentionally directed at a person, regardless of whether it has occurred on one occasion or many occasions. Such acts are described as the following:
- following, loitering near, watching or approaching a person;
- contacting a person in any way, including, for example, by telephone, mail, fax, email or through the use of any technology;
- loitering near, watching, approaching or entering a place where a person lives, works or visits;
- leaving offensive material where it will be found by, given to or brought to the attention of a person;
- giving offensive material to a person, directly or indirectly;
- an intimidating, harassing or threatening act against a person, whether or not involving violence or a threat of violence;
- an act of violence, or a threat of violence, against, or against the property of anyone, including the defendant.
Next, it has to be an act, or acts, that would cause the victim apprehension or fear of violence to themselves personally or against their property, or which causes detriment to them, reasonably arising in all the circumstances.
A stalking offence is typically punishable by a maximum sentence of five years imprisonment. This maximum penalty increases to seven years if actual or threatened violence is involved or if the act is committed in contravention of a court order (such as a domestic violence order). The maximum penalty further increases to 10 years if the offender is a member of a criminal organisation.
Smith Criminal Lawyers are well-versed in all matters relating to the Criminal Code and are the leading criminal law experts on the Sunshine Coast. If you’re faced with unlawful stalking charges in Queensland, it’s imperative that you have a legal team on your side who will fight tenaciously for your best interests.
As the premier criminal law firm on the Sunshine Coast, you can rest assured that Smith Criminal Law will have you covered. Contact us today to see how we can help.