Stalking and Threats

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Stalking is contrary to s.21A of the Crimes Act 1958 (Vic). Actions that will be considered stalking are discussed in the Act.

There are four elements to the act of stalking. Firstly, there must be some sort of conduct. Secondly, the course or conduct must be protracted over several acts. Thirdly, the accused must have performed the act or acts with the intention of causing physical or mental harm to the victim, or arousing fear or apprehension in the victim that harm may befall them or another. Finally, the course of conduct must have given rise to that fear. See Thomas v Campbell (2003) 9 VR 136.

Moreover, stalking can be subject to an intervention order and is often relevant in family law proceedings. If you are a victim of or have been accused of stalking it is highly recommended that you contact a lawyer. If you are in immediate danger it is imperative that you contact the police by calling ‘000’.

Threats

  1. Included in this are threats to kill (20);
  2. Threats to inflict serious injury (21);
  3. Extortion with threat to kill (27); and
  4. Threat to destroy property (28).

What may be considered when analysing whether an act constitutes a threat would be the victim’s relationship with the accused and the context in which the alleged threat was made. A potential defence to any threat made would be lawful excuse (eg. Self-defence of oneself or another). For example, a person threatening to harm another attacker in a hostage situation. The accused must also have relevant intention to send either the letter or communicate the threat. As with the law of assault the threat can also be dispelled by a statement as seen in Tuberville v Savage [1699] EWHC KB J25.

Should you require a lawyer please feel free to contact Grigor Lawyers. It is highly advisable in these matters that you contact a legal practitioner. Grigor Lawyers can can advise and represent you in these matters.

 

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