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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you

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Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.

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Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.

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I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks

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Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.

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Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.

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Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.

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This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Unlawful Stalking

Unlawful stalking is a serious offence under Queensland law punishable, in some circumstances, by up to 10 years imprisonment. The punishments for unlawful stalking are set out in section 359E of the Criminal Code Act 1899 which provides for three different maximum penalties.

If the crime is committed, simpliciter, it is punishable by up to 5 years imprisonment. If it is committed with actual or threatened violence, while armed with a weapon, or in contravention of a court order (for example a domestic violence order) it is punishable by up to 7 years imprisonment. If it is committed by a person who is a member of a criminal organisation it is punishable by up to 10 years imprisonment.

The Offence of Stalking

Unlawful stalking is defined in section 359B of the Criminal Code Act 1899 which says:

Unlawful stalking is conduct

intentionally directed at a person (the stalked person); and
engaged in on any 1 occasion if the conduct is protracted or on more than 1 occasion; and
consisting of 1 or more acts of the following, or a similar, type
- following, loitering near, watching or approaching a person;
- contacting a person in any way, including, for example, by telephone, mail, fax, email or through the use of any technology;
- loitering near, watching, approaching or entering a place where a person lives, works or visits;
- leaving offensive material where it will be found by, given to or brought to the attention of, a person;
- giving offensive material to a person, directly or indirectly;
- an intimidating, harassing or threatening act against a person, whether or not involving violence or a threat of violence;
- an act of violence, or a threat of violence, against, or against property of, anyone, including the defendant; and

that
- would cause the stalked person apprehension or fear, reasonably arising in all the circumstances, of violence to, or against property of, the stalked person or another person; or
- causes detriment, reasonably arising in all the circumstances, to the stalked person or another person.

What the Police Must Prove

In order to convict you of unlawful stalking it must be proved that you:

intentionally engaged in any of the conduct described in section 359B(c); and
your conduct was deliberately directed at a person; and
your conduct would cause that person apprehension or fear of violence to or against them, or someone else; or
your conduct caused detriment to that person.

It is important to note that it does not need to be proved that you intended to cause the apprehension or fear of violence, or detriment, mentioned above. It also does not need to be proved that the apprehension or fear of violence, or detriment, was actually suffered by the stalked person. All that needs to be proved is that the apprehension or fear of violence, or detriment, would have been caused on a reasonable view of your conduct.

Possible Defences to Unlawful Stalking

In addition to the “ordinary defences” which apply to most criminal matters, namely that you were not the person who committed the offence or you did not engage in the conduct which gave rise to the offence, it is also a defence to a charge of unlawful stalking if you did not intend for your conduct to be directed toward a particular person.

That you didn’t intend for the stalked person to be aware of your conduct (which was directed at them) is not a defence to a charge of unlawful stalking so care must be taken when considering whether or not to contest the charge.

Which Court Will Hear Your Matter?

The least serious cases of unlawful stalking will be heard in a Magistrates Court. The two more serious kinds must be heard and determined in the District Court.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

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