The definitions and maximum penalties associated with Stalking Offences in South Australia
In SA, stalking is treated very seriously. The basic penalty for Stalking is 3 years imprisonment or 5 years imprisonment for an aggravated offence.
According to the Criminal Law Consolidation Act (SA), a person stalks another person if on at least two separate occasions, the person: –
- Follows the other person;
- Loiters outside the place of residence of the other person or some other place where the other person is located;
- Enters or interferes with property in the possession of the other person;
- Gives or sends offensive material to the other person, or leaves offensive material where it will be found by, given to or brought to the attention of the other person;
- Publishes or transmits offensive material by means of the internet or some other form of electronic communication in such a way that the offensive material will be found by, or brought to the attention of, the other person;
- Communicates with the other person or to others about the other person, by way of mail, telephone (including associated technology), facsimile transmission or the internet or some other form of electronic communication in a manner that could reasonably be expected to arouse apprehension or fear in the other person;
- Keeps the other person under surveillance; or
- Acts in any other way that could reasonably be expected to arouse the other person’s apprehension or fear; and
- The person intends to cause serious physical or mental harm to the other person or a third person or intends to cause serious apprehension of fear.
What must the Police prove?
If this person does any two of these acts on separate occasions, and intended to cause serious physical or mental harm to the other person or a third person, or intended to cause serious apprehension or fear, this person may be found guilty of stalking.
How to defend this charge?
To successfully defend this charge, the person must show that he or she did not commit any of the acts in the preceding paragraph, or, that they did not intend to cause physical or mental harm to the other person or third person or intend to cause serious apprehension or fear. Showing this is extremely complex, which is why an experienced lawyer is needed in these circumstances.
Do I need a lawyer to represent me for a Stalking charge?
Yes. If you are worried about imprisonment, fines or having a criminal record, we urge that you contact a lawyer immediately. Our solicitors specialize in these matters and will use their experience and expertise to lead you through the process to the best possible outcome. Remember, all cases are arguable!
Where to Next?
In South Australia, you can see that these offences are treated very seriously. It is therefore important to get the best legal advice as early as possible. Call the best – Call Liptak Lawyers on (08) 8123 1808
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