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7.4.12.2 - Checklist: Stalking (From 7/6/11)

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[This checklist should be used in cases in which all of the alleged stalking acts were committed on or after 7 June 2011.

If the performance of official duties or the lack of malice defence are in issue this checklist will need to be modified.]

 

Two elements the prosecution must prove beyond reasonable doubt:

1. The accused intentionally engaged in a course of conduct that included a relevant act; and

2. The accused either:

 

An Intentional Course of Conduct

1.1 Did the accused intentionally do at least one of the acts specified by the law?

If Yes, then go to 1.2

If No, then the accused is not guilty of stalking

1.2 Did the accused’s acts amount to a "course of conduct" in relation to the complainant?

Consider – Were acts committed on more than one occasion, or go on for a protracted period of time?

Consider – Were the acts related in such a way that they amounted to a pattern of behaviour?

Consider – Was the course of conducted directed to the complainant?

If Yes, then go to 2.1

If No, then the accused is not guilty of stalking

The Accused’s State of Mind

2.1 Did the accused intend to mentally or physically harm the complainant, or to cause the complainant to be fearful or apprehensive about his or her own safety or the safety of someone else?

If Yes, then the accused is guilty of stalking (as long as
you also answered ‘Yes’ to Questions 1.1 and 1.2)

If No, then go to 2.2

2.2 Did the accused know that his or her course of conduct would be likely to cause the complainant the harm, fear or apprehension referred to in 2.1 above?

If Yes, then the accused is guilty of stalking (as long as
you also answered ‘Yes’ to Questions 1.1 and 1.2)

If No, then go to 2.3

2.3 Ought the accused to have understood that his or her course of conduct would be likely to cause the complainant the harm, fear or apprehension referred to in 2.1 above?

Consider – What ought a reasonable person have understood in the same circumstances?

If Yes, then go to 2.4

If No, then the accused is not guilty of stalking (as long as
you also answered ‘No’ to Questions 2.1 and 2.2)

2.4 Did the accused’s course of conduct actually cause the complainant the harm, fear or apprehension referred to in 2.1 above?

If Yes, then the accused is guilty of stalking (as long as
you also answered ‘Yes’ to Questions 1.1, 1.2 and 2.3)

If No, then the accused is not guilty of stalking (as long as
you also answered ‘No’ to Questions 2.1 and 2.2)

 

Last updated: 24 March 2015

See Also

7.4.12 - Stalking (From 7/6/11)

7.4.12.1 - Charge: Stalking (From 7/6/11)