WRITE: Unlawful Stalking (crime) is defined in s359B CC and involves conduct intentionally directed at a
person; and engaged in on any 1 occasion if the conduct is protracted or on more than 1 occasion; and involves 1
or more or several acts defined is s359B(c) that causes either of the effects defined in s359B(d), and is
punished/created in s359E by 5 years imprisonment unless aggravated in s359E(3). N.B. can be tried
summarily: s552B(j)(5) and s552D CC. Discuss Aggravation if Applicable:
S359E(3): Punished by 7 years imprisonment if:
(a) uses or intentionally threatens to use, violence against anyone or anyone’s property; or
(b) possesses a weapon within the meaning of the Weapons Act 1990; or
(c) contravenes or intentionally threatens to contravene an injunction or order imposed or made by a
court or tribunal under a law of the Cth or State.
359B What is unlawful stalking
“Unlawful stalking” is conduct—
(a) intentionally directed at a person (the “stalked person”); and
(b) engaged in on any 1 occasion if the conduct is protracted or on more than 1 occasion; and
(c) consisting of 1 or more acts of the following, or a similar, type—
(i) would cause the stalked person apprehension or fear, reasonably arising in all the circumstances, of violence to, or against
property of, the stalked person or another person; or
(ii) causes detriment, reasonably arising in all the circumstances, to the stalked person or another person.
Has [accused] committed stalking?
1. Was [accused]’s conduct intentionally directed at [victim]?
WRITE: Here [accused] has… [list acts] these acts are clearly intentionally directed at [victim] because …
• Stalker intends the stalked person to be aware that the conduct is directed at the them: s359C(1)(a)
• Stalker has a mistaken belief about the identity of the stalked person: s359C(1)(b)
• The conduct directed at the stalked person consists of conduct carried out in relation to another person
or property of another person: s359C(2)
2. Has [accused] engaged in conduct on more than 1 occasion or protracted?
WRITE: Here [accused] has… [facts] this would be [conduct on more than 1 occasion/ 1 protracted occasion]:
• Conduct consists of the same or different acts: s359C(3)
C v H: even though letter protracted over two pages not amount to protracted occasion; Held: Delivering 2
letters over 3 days not protracted conduct, but conduct on more than one occasion.
Gunes v Pearson: one protracted occasion is sufficient. 3. Does [accused]’s conduct consist of one or more acts in s359B(c)?
WRITE: [State accused’s act and link to section of the statute, add a case if applicable].
Act 1: [facts relating to the 1 act] falls within definition in s359B (c) (i) because … [apply].
Act 2: …
N.B. ‘Property of a person’ is defined as property that the stalked person has an interest in, even if the stalker has
an interest in the property: s359A
(i) used and enjoyed by the stalked person; or
(ii) available for the stalked person’s use or enjoyment; or
(iii) in the stalked person’s care or custody; or
(iv) at the promises at which the stalked person is residing
STATUTE: s359B (C)
(i) following, loitering near, watching or approaching a person;
(ii) contacting a person in any way, including, for example, by telephone, mail, fax, e-mail or through the use of
(iii) loitering near, watching, approaching or entering a place where a person lives, works or visits;
(iv) leaving offensive material where it will be found by, given to or brought to the attention of, a person;
(v) giving offensive material to a person, directly or indirectly;
(vi) an intimidating, harassing or threatening act against a person, whether or not involving violence or a threat
(vii) an act of violence, or a threat of violence, against, or against property of, anyone, including the defendant;
• La Spina: Note left on car windscreen notifying parents that daughter was not a virgin.
• Grice: Searching school bag, collecting hair, licking apple and sniffing crotch of pants
• Brown: Killing plants
• Gibson: Searching through rubbish bin.
• Cook: Obscene phone calls
• Kyriakou: Following home on 4 occasions
• Ali: 150 acts; including deliberately making loud noises by banging on fence, used power tools close to
boundary, used lawn mower close to boundary, lit fire