Use Carriage Service to Menace, Stalking – Charges Withdrawn
Our client was charged with two counts of Stalking and two counts of Using a telecommunications service to harass.
It was alleged that our client and his co-accused contacted two different complainants over 200 times over a two-week period. Statements were made alleging that on each occasion, both direct and indirect threats were made, some involving threats of sexual assault and threats to kill the dog of a complainant.
Our client made admissions to threatening to kill the dog. The Police had advised that voicemail recordings were in existence that proved that the calls were made by our client and that they were of a threatening nature.
We represented the client at the Heidelberg Magistrates’ Court.
The offence of stalking is one of the most serious in our criminal calendar. Through analysis of the prosecution brief evidence, evidentiary short-comings were identified. In particular, it was identified that the prosecution would struggle to prove the requisite intention for our client to commit the offences in question. Furthermore, there was doubt as to whether the phone calls in question met the statutory definition of stalking. There were also issues which were relevant to the complainant’s credibility.
Through a process of negotiations with the prosecution over several case conference dates, all charges against our client were withdrawn despite our client’s admissions.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013