Queensland's anti-stalking laws: when knowledge matters

Fellows, Jamie

Abstract

This article raises a dilemma that exists for the judiciary in relation to s 359(d)(i) of the Qld Criminal Code dealing with unlawful stalking. The ambiguity was highlighted in several cases where the victims were unaware of the alleged stalker's activities until after the perpetrators were apprehended by the authorities. The unusual question then arose as to whether the victims were required to show a mental element—namely knowledge or fear—of the alleged stalking activity. Some case law suggests that the courts are reluctant to interpret the legislation in a way that requires the prosecution to show that the victim was aware of the alleged stalking. However, such an interpretation may not be completely correct given the wording of the provision

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Res Judicata: contemporary issues in administrative and public law

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2206-3145

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