Withdrawing Charges of Stalking and Using a Carriage Service to Harass

This is a case study on stalking and using a carriage service to harass at the Broadmeadows Magistrates’ Court, where all charges were withdrawn at the contest mention.

What is alleged to have occured?

Our client was charged with Stalking and two counts of Using a Carriage Service to Harass. The charges followed the acrimonious breakdown of a 14-year marriage between our client and his ex-partner. They were sharing custody of their children and remained in contact to negotiate child arrangements despite living separately.

His ex-partner made a statement to the police alleging that our client had been stalking and harassing her by sending a high volume of emails, text messages, and phone calls. She provided to the police copies of emails and text messages sent from our client which were said to number over 150 in the space of two weeks.

What happened at court?

We represented him at the Broadmeadows Magistrates’ Court.

During conferencing with our client, the police brief which included statements and exhibits provided by his ex-partner were carefully examined. Text messages and emails were downloaded from our client’s phone which showed that his ex partner had been engaging in a conversation with our client, and that the texts, emails, and calls had been going both ways. These materials were presented to the prosecution along with written submissions on why the charges could not be made out at law, and why they should not proceed with prosecuting this matter.

What was the result?

At the contest mention hearing, the charges of Stalking and Using a Carriage Service to Harass were withdrawn in full against our client. This was an exceptional result as our client was able to avoid the expense of running this case to a contested hearing. If he had been ultimately found guilty and/or convicted of any of these charges, he would have stood to lose his employment and this would also have consequences on future Family Law proceedings.