❓ A WA parliamentary question on notice addresses the potential adoption of Victorian cyberstalking laws, inquiring about the existing scope of WA's Criminal Code and the government's consideration of cyberstalking provisions.
AnsweredQoN 2093Legislative Council
QuestionView source ↗
(1) Is the Attorney General aware of the
Crimes Stalking Act 2003
(Vic)?
(2) Is the Government considering the introduction of similar provisions to Western Australian legislation?
(3) If not, why not?
(4) Does Section 338D of the
Criminal Code
intend stalking to include facsimiles, text messages, e-mail or other electronic communications?
(5) If not, is there need to include these motion of communication in this Act or another Act to provide for cyber stalking?
Crimes Stalking Act 2003
(Vic)?
(2) Is the Government considering the introduction of similar provisions to Western Australian legislation?
(3) If not, why not?
(4) Does Section 338D of the
Criminal Code
intend stalking to include facsimiles, text messages, e-mail or other electronic communications?
(5) If not, is there need to include these motion of communication in this Act or another Act to provide for cyber stalking?
AnswerView source ↗
Answered
17 August 2004
Responded by
Minister for Housing and Works representing the Attorney General
Response time
56 days
The Attorney General is aware that the purpose of the Crimes (Stalking) Act 2003 (Victoria) is to amend the law relating to stalking in three regards, the major amendment relating to cyberstalking. The Act expressly provides that doing any of the following acts with the intent of causing physical or mental harm to the victim or arousing apprehension or fear in the victim for his or her safety or that of another, constitutes stalking: · contacting the victim by post, telephone, fax, text message, e-mail or other electronic communication or by any other means; · publishing on the Internet or by e-mail or any other electronic communication a statement or material relating to the victim or any other person or purporting to relate to, or originate from, the victim or any other person; · causing an unauthorised computer function in a computer owned or used by the victim or any other person; and · tracing the victim's or any other person's use of the Internet or e-mail or any other electronic communications. The Attorney General is also aware that it is a defence to prove that the course of conduct was engaged in without malice in the normal course of a lawful business, for the purpose of an industrial dispute, or for the purpose of engaging in political activities. The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· contacting the victim by post, telephone, fax, text message, e-mail or other electronic communication or by any other means; · publishing on the Internet or by e-mail or any other electronic communication a statement or material relating to the victim or any other person or purporting to relate to, or originate from, the victim or any other person; · causing an unauthorised computer function in a computer owned or used by the victim or any other person; and · tracing the victim's or any other person's use of the Internet or e-mail or any other electronic communications. The Attorney General is also aware that it is a defence to prove that the course of conduct was engaged in without malice in the normal course of a lawful business, for the purpose of an industrial dispute, or for the purpose of engaging in political activities. The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· publishing on the Internet or by e-mail or any other electronic communication a statement or material relating to the victim or any other person or purporting to relate to, or originate from, the victim or any other person; · causing an unauthorised computer function in a computer owned or used by the victim or any other person; and · tracing the victim's or any other person's use of the Internet or e-mail or any other electronic communications. The Attorney General is also aware that it is a defence to prove that the course of conduct was engaged in without malice in the normal course of a lawful business, for the purpose of an industrial dispute, or for the purpose of engaging in political activities. The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· causing an unauthorised computer function in a computer owned or used by the victim or any other person; and · tracing the victim's or any other person's use of the Internet or e-mail or any other electronic communications. The Attorney General is also aware that it is a defence to prove that the course of conduct was engaged in without malice in the normal course of a lawful business, for the purpose of an industrial dispute, or for the purpose of engaging in political activities. The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· tracing the victim's or any other person's use of the Internet or e-mail or any other electronic communications. The Attorney General is also aware that it is a defence to prove that the course of conduct was engaged in without malice in the normal course of a lawful business, for the purpose of an industrial dispute, or for the purpose of engaging in political activities. The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
The Attorney General is also aware that it is a defence to prove that the course of conduct was engaged in without malice in the normal course of a lawful business, for the purpose of an industrial dispute, or for the purpose of engaging in political activities. The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
"the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
(Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
(1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
(2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
5. Not applicable.
· contacting the victim by post, telephone, fax, text message, e-mail or other electronic communication or by any other means; · publishing on the Internet or by e-mail or any other electronic communication a statement or material relating to the victim or any other person or purporting to relate to, or originate from, the victim or any other person; · causing an unauthorised computer function in a computer owned or used by the victim or any other person; and · tracing the victim's or any other person's use of the Internet or e-mail or any other electronic communications. The Attorney General is also aware that it is a defence to prove that the course of conduct was engaged in without malice in the normal course of a lawful business, for the purpose of an industrial dispute, or for the purpose of engaging in political activities. The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· publishing on the Internet or by e-mail or any other electronic communication a statement or material relating to the victim or any other person or purporting to relate to, or originate from, the victim or any other person; · causing an unauthorised computer function in a computer owned or used by the victim or any other person; and · tracing the victim's or any other person's use of the Internet or e-mail or any other electronic communications. The Attorney General is also aware that it is a defence to prove that the course of conduct was engaged in without malice in the normal course of a lawful business, for the purpose of an industrial dispute, or for the purpose of engaging in political activities. The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· causing an unauthorised computer function in a computer owned or used by the victim or any other person; and · tracing the victim's or any other person's use of the Internet or e-mail or any other electronic communications. The Attorney General is also aware that it is a defence to prove that the course of conduct was engaged in without malice in the normal course of a lawful business, for the purpose of an industrial dispute, or for the purpose of engaging in political activities. The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· tracing the victim's or any other person's use of the Internet or e-mail or any other electronic communications. The Attorney General is also aware that it is a defence to prove that the course of conduct was engaged in without malice in the normal course of a lawful business, for the purpose of an industrial dispute, or for the purpose of engaging in political activities. The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
The Attorney General is also aware that it is a defence to prove that the course of conduct was engaged in without malice in the normal course of a lawful business, for the purpose of an industrial dispute, or for the purpose of engaging in political activities. The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
The Attorney General is also aware that the stalking offence is also amended by removing the requirement as to the actual effect of stalking on the victim. It is sufficient that the offender knows, or ought to have known, that engaging in the conduct would be likely to cause harm or arouse apprehension or fear. Finally, it is provided that the stalking provision has extraterritorial operation, such that: · it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· it is immaterial that some or all of the course of conduct constituting an offence occurred outside of Victoria, so long as the victim was in Victoria at the time the conduct occurred; and · it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· it is immaterial that the victim was outside of Victoria so long as the conduct occurred in Victoria. 2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
2. The matter is under active consideration at this time. The Acts Amendment (Domestic Violence) Bill 2004 proposes relevant amendments to the law relating to domestic violence, including changes to the Restraining Orders Act 1997 and The Criminal Code . However, those amendments do not specifically target cyberstalking. 3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
3. One of the relevant considerations is that Chapter XXXIIIB of The Criminal Code already sets out offences regarding stalking. The definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· to repeatedly cause the person to receive unsolicited items. The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
The broad scope of the phrase "communications" was discussed in the Second Reading Speech of the Criminal Code Amendment Bill (No 1) 1998 , which introduced the current stalking provisions into The Criminal Code . The former Minister for Health, the Hon Kevin Prince MLA stated: "the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
"the forms of communication have been greatly widened so as not to be confined to written and spoken communications, or to other conventional means of communication. Importantly, what are known as esoteric communications - communications that are recognised by the stalker and the person stalked, but possibly of little significance to others- are also intended to be caught. Where the parties are known to each other this is a common occurrence and often the preferred means of communication. For example, a cigarette butt left outside a window, a recognisable footprint, or other traces which will be recognised by the person stalked, could constitute communication." (Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
(Hansard [Thursday, 25 June 1998] p 4777) It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
It would appear that given the breadth intended by "communications", electronic communications such as e-mails sent to the victim would be covered. Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
Under Western Australian law, it is also necessary to prove the effect of stalking (i.e. that it "intimidated" the victim) as an element of the offence. Under s 338E of The Criminal Code : (1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
(1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime..."; and (2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
(2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence. The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
The second, lesser offence was inserted into The Criminal Code in 1998 to cover situations where the stalker has no intent to cause harm to the victim. However, both offences require proof of effect of the conduct on the person stalked. There is no equivalent provision in Western Australia's stalking legislation providing that stalking laws have extraterritorial effect. 4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
4. Yes. A person commits the offence of stalking if that person pursues another with intent to intimidate that person or another (s 338E(1)) or in a manner that could be reasonably expected to intimidate (s 338E(2)). As outlined above, the definition of "pursue" in s 338D of the Code is broad and includes: · to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise; or · to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
· to repeatedly cause the person to receive unsolicited items. The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
The meaning of "communicating with the person" is a phrase of considerable breadth (see 2 nd Reading Speech, 25 June 1998, p 4777, outlined above), and would include communicating via electronic or other means such as facsimiles, text messages, e-mails and other electronic communications. 5. Not applicable.
5. Not applicable.
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