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Stalking (ACT)
In the ACT, the offence of stalking is contained in section 35 of the Crimes Act 1900. Stalking is a serious offence particularly when it occurs in breach of a court order or when the use of a weapon is involved. This page deals with stalking in the ACT.
What is stalking?
In the ACT, stalking is defined as following a person, approaching or watching a place that a person lives, works or visits, surveilling a person, interfering with property in a person’s possession, giving or sending offensive material to the person, contacting a person, sending messages about a person to someone else, or making messages about the person available to other when the behaviour occurs on two or more occasions and is done:
- with intent to cause apprehension or fear;
- with intent to cause harm; or
- with intent to harass.
‘Harm’ may be physical or psychological harm.
A person will be taken to have intent if they know or are reckless as to whether their behaviour will cause any of the above outcomes.
It is not necessary for a court to be satisfied that the person stalked (or another person) actually feared or apprehended harm or was harassed.
A person does not commit an offence if the behaviour is reasonable conduct that is a part of the accused’s employment and does not cause harm.
Penalty for stalking
The maximum penalty for stalking in the ACT is two years imprisonment. However, longer penalties apply in some circumstances. The below table sets out the maximum penalty that applies to stalking offences in different circumstances.
| Circumstance | Maximum penalty |
|---|---|
| Aggravated offence involving contravention of court order or possession of offensive weapon | 7 years |
| Other aggravated offence | 3 years |
| Offence that is not aggravated but involves contravention of court order or possession of offensive weapon | 5 years |
| Any other offence | 3 years |
Aggravated offence
An offence is aggravated if it occurs in the context of family violence.
Defences
A person who is charged with stalking may defend the charge by arguing that they did not have the requisite intention or that their conduct was a function of their employment and was not harmful.
Jurisdiction
Most stalking matters are dealt with in the Magistrates Court. If a stalking charge is aggravated and involves allegations that a weapon was involved or that the offence was in breach of a court order, the matter may be dealt with in the Supreme Court if parties do not agree to the matter being finalised by a magistrate.
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