Stalking Lawyer
Cairns & Far North Queensland
If you have been charged with unlawful stalking, you are facing a serious criminal offence. The maximum penalty ranges from 5 years to 10 years' imprisonment depending on the circumstances — and if the charge involves a domestic relationship, the consequences increase significantly. The offence covers far more than physically following someone. Repeated unwanted messages, monitoring someone through apps or social media, online harassment, and any pattern of conduct that would make a reasonable person fear violence or suffer harm can all constitute stalking under Queensland law.
What Counts as Stalking
Stalking is defined in Chapter 33A of the Criminal Code . It is broader than most people expect. The prosecution does not need to prove that you followed someone — the offence captures any pattern of intentional conduct directed at a person that would cause fear or harm. For the charge to be made out, the prosecution must prove four things: The conduct was intentionally directed at a specific…
Penalties — What You Are Facing
The penalty depends on the circumstances of the offence. There are three tiers. 5 years — base offence Where there is no domestic relationship, no violence, no weapon, and no breach of a court order, the maximum penalty is 5 years' imprisonment. Most base stalking charges are dealt with in the Magistrates Court, where the sentencing cap is 3 years. 7 years — aggravated The maximum increases to 7…
What the Prosecution Does Not Need to Prove
The stalking laws remove several arguments that people commonly assume they can rely on. The complainant does not need to have been actually afraid. The test is objective — would a reasonable person, in the circumstances, have feared violence or suffered harm? The complainant does not need to give evidence that they were afraid. You do not need to have intended to cause fear. It does not matter…
What Can Be a Defence
The legislation excludes certain conduct from the definition of stalking. These exclusions can form the basis of a defence depending on the facts of your case. Conduct is not stalking if it was done: In the execution of a law or for a purpose authorised by legislation For the purposes of a genuine industrial dispute For a genuine public interest issue — such as journalism or advocacy carried on in…
The Restraining Order — This Applies to Every Stalking Case
The court has the power to make a restraining order against you when your stalking charge is heard — regardless of the outcome. It applies whether you are found guilty, not guilty, or the prosecution drops the charge entirely. An acquittal does not prevent a restraining order from being made. This is because the restraining order proceeding is civil, not criminal . The standard of proof is the…
Common Scenarios
Post-separation contact This is the most common context for stalking charges in Cairns. After a relationship breaks down, repeated unwanted contact — messages, phone calls, showing up at the other person's home or workplace, monitoring their movements — leads to charges. Where a DVO is already in place, this conduct may also constitute a contravention of the order, meaning you could face two…
What Changes the Outcome
The sentencing range for stalking is wide. The factors Sacha works with before your hearing determine where in that range your matter falls. Whether the DV classification applies. A domestic relationship raises the maximum to 7 years and triggers mandatory aggravating factors at sentencing. The nature, duration, and intensity of the conduct. A pattern spanning months with escalating frequency is…