Can a person go via a lawyer straight to the prosecutors office to charge someone with stalking. Police in Tasmania are lazy and refuse to charge any one with a crime unless it is murder. Police do not investigate crimes in this state. It's like the cost comes straight out of their own pockets
No. You have to go through the police. You seem to have made a vast generalisation there. You can try to contact another police officer to speak with them about your concerns if you have had a poor reception in the past. You can also seek legal help and advice such as through Legal Aid if you are having difficulty with the police and need help to resolve the stalking issue.
It may be legally possible to bring about a private prosecution of a criminal offence in Tasmania.
Not sure if this act is still valid: Criminal Code Act 1924 (No. 69 of 1924)
Do a little more research on this law.
Most people rely on the police because of their expertise in conducting prosecutions, and because of costs.
I feel your frustration having had a similar experience with police refusing to act on a complaint.
Not sure if this act is still valid: Criminal Code Act 1924 (No. 69 of 1924)
Quote:
420. Private prosecutions
(1) Any person may, by leave of the Supreme Court, file an indictment against any other person for any crime alleged to have been committed by such other person.
(2) Leave to file any such indictment shall be granted upon such terms and conditions as the said Court in any case for the purpose of securing the substantial ends of justice thinks fit to direct.
(3) Every such indictment shall be endorsed with the words "Filed by leave of the Supreme Court of Tasmania", and with the name of the person prosecuting the same.
420. Private prosecutions
(1) Any person may, by leave of the Supreme Court, file an indictment against any other person for any crime alleged to have been committed by such other person.
(2) Leave to file any such indictment shall be granted upon such terms and conditions as the said Court in any case for the purpose of securing the substantial ends of justice thinks fit to direct.
(3) Every such indictment shall be endorsed with the words "Filed by leave of the Supreme Court of Tasmania", and with the name of the person prosecuting the same.
Do a little more research on this law.
Most people rely on the police because of their expertise in conducting prosecutions, and because of costs.
I feel your frustration having had a similar experience with police refusing to act on a complaint.
Hi Ned,
You could also think about a civil action against the person and apply for an intervention and restraining order against the particular individual. Is there any particular reason (apart from costs) you are seeking criminal prosecution? If you just want to protect yourself or someone else from an individual a civil injunction and restraining order should do the trick.
You could also think about a civil action against the person and apply for an intervention and restraining order against the particular individual. Is there any particular reason (apart from costs) you are seeking criminal prosecution? If you just want to protect yourself or someone else from an individual a civil injunction and restraining order should do the trick.
Hi there Ned, join the ranks of victims that police refuse to protect by enforcing their state or territory's criminal code. I also looked at doing a private prosecution for stalking. In QLD, I would need to be a dab hand at complex court procedures and protocols, or, hire a solicitor and barrister. A quote from a solicitor started at $10,00 and if the defendant used tactics to expand the number of hearings, it could go to $75,00 he told me happily. Didn't bother talking to a barrister as not in a pink fit could I even afford a solicitor. austlii.edu.au has case law for Tasmania for stalking. I live in Queensland and looked at the QLD legislation and case law on austlii.edu.au. Queensland also has a website with court judgements and I expect Tasmania has the same. There was a famous Queensland case where a woman got a big payout for stalking through her private prosecution, but she probably had very deep pockets. So I also suggest looking at the restraining order option. If you go to austlii.edu.au and search its databases, you will see sections where you can look at Tamsanian legislation. Once you open this, you can search restraining order and see what laws ther are that hopefully will protect you. There is also a section under Tasmania for case law and if you search for the right terms referring to Tasmanian restraining orders, you can see what cases are similar to yours and their outcomes. See if you can get a friendly solicitor from you local community legal centre to offer some practical tips. in Queensland restraining orders can be got through a magistrates court, which is still complex but achievable for someone like me. Private prosecutions go through the Supreme Court, which is out of my league. GOOD LUCK!
Same problem in Queensland. I did everything I could think of to get police to enforce serious stalking offences where according to austlii.edu and QLd Judgements, a two year sentence is the average for what the stalker continue to do. Police have 90 videos of respondents verbally abusing and threatening me; copies of court documents where the stalkers attempted to get a restraining order against me claiming I stalk them and plan to murder them. They had no evidence and might have thought that I would collapse with stress, but as there was no evidence as I did not do these things, they withdrew their application. The magistrate advised the respondents to consider withdrawing their application, which they did, but did not make directions to the DPP to investigate perjury and attempting to pervert the course of justice. Police also have photos of 24 signs the respondents put up calling me a creepy pervert, peeping Tom, stalker, criminal etc etc... the respondents have complained to police many times that I stalk them and plan to murder them. Zero evidence, but police do nothing about the respondents making false accusations to them. Police also have a sworn witness statement of an instance where one of the respondents got police to investigate me for perving on their toddlers through cracks in the side fence. Crazily, the respondents have a CCTV camera surveilling the front and side of my yard, so if I did this, they would have evidence. I have never done this, so zero evidence. Yet another false allegation to police. Nothing happened to them. The policeman told me it was legal to make false allegations to police.
Last edited:
Yeah, you can't go to the prosecutors office. It has to start with police. You can also try a private prosecution if you have very deep pockets and Tasmanian law allows this. In Queensland you will have to pay for a solicitor and also a barrister if the solicitor is not senior enough to appear in court. If the other side finds ways to gets it adjourned and adjourned, this can run up around $75,000 or more times two. Other options are lodging a formal complaint about police failure with: Tazzy police commissioner; Tazzy Police Minister; Tazzy human rights commission if one exists, and Tazzy corruption body. Media is another option, but journalists have very tight budgets and investigative stuff is rare these days. Good luck.