STALKING OFFENCES

Under section 359B of the Criminal Code 1899 (Qld), stalking (also referred to as unlawful stalking, intimidation, harassment or abuse) is defined as intentional conduct directed at another person that is repeated, protracted, or causes fear, distress, or harm.

The law is broad and captures a wide range of behaviour. Stalking can occur in many different ways, including:

- General stalking – following, loitering near, watching, or approaching a person.

- Cyberstalking – contacting someone repeatedly by phone, text, email, social media, or other digital platforms.

- Stalking with threats of violence – where the conduct includes threats to harm the person, their property, or someone close to them.

- Stalking in breach of a court order – such as ignoring a domestic violence order, bail condition, or other legal restriction.

- Aggravated stalking – where the victim is under 16, where violence is used, or where the offender has a prior conviction for stalking.

Stalking is not about physical violence. The law focuses on the fear, anxiety, and loss of security caused by ongoing unwanted behaviour — which is why Queensland courts treat it as a serious offence, even when no assault or injury occurs.

Under section 359E of the Criminal Code 1899 (Qld), stalking is a serious offence with heavy penalties:

- Unlawful stalking – maximum of 5 years’ imprisonment.

- Aggravated stalking – maximum of 10 years’ imprisonment where certain factors apply, including:

- The victim is under 16.

- Violence is used or threatened.

- A weapon is carried.

- The conduct breaches a court order (such as a Domestic Violence Order or bail).

- The offender has a prior conviction for stalking.

Queensland courts impose these penalties to protect people before behaviour escalates. Stalking is punished harshly because it causes fear, anxiety, and disruption, even when no physical violence is involved.

To secure a conviction, police must show that the accused engaged in unlawful stalking, which means proving:

- Conduct was intentional

- The behaviour was deliberately directed at the complainant (the “stalked person”).

- Conduct was repeated or protracted

- It occurred on more than one occasion, or

- It happened once but was protracted (drawn out over time).

- Conduct fell within the types listed in the Code (or something similar), such as:

- Following, loitering near, watching, or approaching a person.

- Contacting a person in any way (phone, text, email, social media, apps, etc.).

- Loitering near or entering a place where the person lives, works, or visits.

- Leaving or giving offensive material.

- Intimidating, harassing, or threatening acts against the person or their property.

- The conduct caused harm or fear

- It would cause a reasonable person in the complainant’s position to suffer fear, apprehension, or serious detriment (such as disruption to daily life, emotional distress, or loss of safety).

- The conduct was unlawful

- It was not authorised, justified, or excused by law (for example, lawful police surveillance or correctly serving legal documents is not stalking).

Police don’t need to prove physical violence or injury. What matters is that the accused’s behaviour was intentional, repeated or protracted, and caused fear or disruption to the complainant’s life.

Being charged with stalking does not automatically mean a conviction. Under the Criminal Code 1899 (Qld), there are several defences and exclusions that may apply. Police must prove every element of the offence beyond reasonable doubt, and if they cannot, the charge should not be made out.

Common Defences

- Conduct was not repeated or protracted

– If the behaviour happened only once and was not drawn out, it may not meet the legal definition of stalking.

- Conduct did not cause fear or detriment

– The prosecution must show that a reasonable person in the complainant’s position would have suffered fear, apprehension, or serious disruption. If this cannot be shown, the charge may fail.

- Conduct was lawful or authorised

– Section 359D specifically excludes certain conduct, such as:

- Lawful acts done in the course of genuine industrial action.

- Lawful acts done in the administration of a law (e.g. serving court documents).

- Reasonable conduct engaged in for a genuine purpose (such as debt collection or enforcing a legal right).

- Mistaken identity or lack of intent

– The prosecution must prove the accused intentionally directed the conduct at the complainant. If the behaviour was accidental, misinterpreted, or not directed at that person, this may be a defence.

- Factual disputes

– In many cases, the defence may challenge the accuracy or credibility of the complainant’s version of events.

A stalking charge is complex and fact‑specific. The law recognises that not all unwanted contact is criminal — it must be intentional, repeated or protracted, and cause fear or serious detriment. Where conduct falls outside these boundaries, a defence may be available.

A conviction for stalking under the Criminal Code 1899 (Qld) can have serious and lasting consequences:

Imprisonment

– The maximum penalty is 5 years, or 10 years for aggravated stalking.

Criminal record

– A conviction becomes part of your permanent criminal history, which can affect employment, travel, and professional licensing.

Protection orders

– Courts may impose protection orders or to prevent further contact with the complainant.

Bail and parole restrictions

– A conviction can impact future bail applications and parole eligibility.

Employment consequences

– Many employers (especially in government, security, childcare, and health) require criminal history checks. A stalking conviction can disqualify you from certain roles.

Travel restrictions

– Some countries (such as the USA and Canada) may refuse entry to people with criminal convictions.

Reputation and relationships

– A conviction can cause significant personal and social consequences, including stigma, loss of trust, and damage to family or community relationships.

The impact of a stalking conviction goes far beyond the courtroom. It may affect your freedom, career, travel, and reputation for years to come. That’s why it’s critical to get legal advice early.

Being charged with stalking is overwhelming. The law is complex, the penalties are severe, and the consequences of a conviction can follow you for life. At Coral Coast Law, we can help by:

Explaining the charge

– We break down exactly what the police must prove under the Criminal Code 1899 (Qld), so you understand where you stand.

Identifying possible defences

– We assess whether the alleged conduct meets the legal definition of stalking, and whether exclusions or defences (such as lawful purpose, lack of intent, or insufficient evidence) apply.

Challenging the evidence

We carefully examine the prosecution’s case, including witness statements, digital records, and surveillance, to identify weaknesses or inconsistencies.

Negotiating outcomes

– Where appropriate, we can negotiate with prosecutors to have charges reduced or withdrawn, or to seek alternative resolutions.

Court representation

– If your matter goes to court, we provide strong advocacy to protect your rights and achieve the best possible outcome.

Protecting your future

– We focus not only on the immediate case, but also on minimising the long‑term impact on your criminal record, employment, and reputation.

At Coral Coast Law, we combine local knowledge of Queensland courts with a practical, client‑first approach. Whether it’s fighting the charge, negotiating a better outcome, or guiding you through the process, our role is to protect your rights and give you the best chance of moving forward.