Stalking charges

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evansarao

Active Member
26 May 2021
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Hi all
i have migrated to Aus from India 14 years ago. was married and now seprated for 2 years. this Feb my Ex and i was talking about getting back togather. but i April she started saying that she dont want to move back togathre. My son told me she is seeing another guy. i logged on to the security Camera system (outer periometer ) to find out the truth and after seeing her with another man i sent her few angry texts. she went to the police and made stalking charges against me. now i know what i did was illigal. i want to know what can go wrong for me how bad it is, this is my first time ever going to court. i dont have enough money to hire a soliciter. but i dont think that will help as i am at fault. plz advise
 

Atticus

Well-Known Member
6 February 2019
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i logged on to the security Camera system (outer periometer ) to find out the truth and after seeing her with another man i sent her few angry texts.
Probably at the lower end as far as serious consequences go... You really would need to speak with a lawyer for specific advice though.... Laws vary from sate to state as well... Generally though, they would need to prove that you stalked with INTENT to cause harm, fear, apprehension or to harass..

You need a lawyer to properly present your case & minimise consequences
 

evansarao

Active Member
26 May 2021
5
0
31
thanks Atticus
i have given everything to this woman. can not afford a lawyer to represent me. i am going to court in Victoria and srepresent myself and will plea guilty in hope to get a bond or fine.
thanks for the advise.
 

evansarao

Active Member
26 May 2021
5
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31
hi
is this criminal charge and will apear on police name check?
if yes do you know for how long?
thanks
 

Atticus

Well-Known Member
6 February 2019
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Yes it is a criminal offence & if convicted it will appear against your name.... It will remain there for 10 years (provided you have no other convictions in that time)

I do think you should get legal advice before court & just pleading guilty... The best time to have done that is BEFORE you spoke to police. All you can do now is makes sure that the magistrate is made aware of the facts surrounding the offence.

The law isn't always black & white, plus context matters & magistrates have some discretion in sentencing.

For example, in this context, willfully setting up a camera to stalk & monitor a person, or willfully harming or causing fear may be treated quite differently to say somebody who logs into a security system to which they have lawful access & sees footage that results in a rush of blood to the head & a foolish knee jerk set of angry texts that the sender soon after became quite remorseful for.
 

evansarao

Active Member
26 May 2021
5
0
31
thanks
i know what happened on my part was wrong. its too late i know i will be convicted. the only reason i am worried about is i am going for my Domestic builders licence and they require a police check. i dont know what they will ssay if this conviction come on the record. if they will not knock back my application then i am ok with everything.
thanks
 

Atticus

Well-Known Member
6 February 2019
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just one last thing is it a summary charge or indiatable charge?
(1) A person must not stalk another person.
Penalty: Level 5 imprisonment (10 years maximum).


SOURCE >>> CRIMES ACT 1958 - SECT 21A Stalking

Any offense that carries more than a 2 year term of imprisonment is an indictable offense

Personally, just going by the circumstances as you have described them I don't think you were stalking, but you seem determined to just plead guilty regardless... Do yourself a favour & see a lawyer for an opinion & advice, even if it's just an appointment at a community legal centre (it's free)

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