CRIMINAL CODE 1899 - SECT 359A Definitions for ch 33A

CRIMINAL CODE 1899 - SECT 359A

359A Definitions for ch 33A

In this chapter—


"circumstances" means the following circumstances—

(a) the alleged stalker’s circumstances;

(b) the circumstances of the stalked person known, foreseen or reasonably foreseeable by the alleged stalker;

(c) the circumstances surrounding the unlawful stalking;

(d) any other relevant circumstances.

(a) apprehension or fear of violence to, or against property of, the stalked person or another person;

(b) serious mental, psychological or emotional harm;

(c) prevention or hindrance from doing an act a person is lawfully entitled to do;

(d) compulsion to do an act a person is lawfully entitled to abstain from doing.

Example—

A person no longer walks outside the person’s place of residence or employment.

A person significantly changes the route or form of transport the person would ordinarily use to travel to work or other places.

Example—

A person sells a property the person would not otherwise sell.

(a) property in which the person has an interest, whether or not the defendant also has an interest in the property; or

Example—

Under the Acts Interpretation Act 1954 , schedule 1 —


"interest" , in relation to land or other property, means—

(a) a legal or equitable estate in the land or other property; or

(b) a right, power or privilege over, or in relation to, the land or other property.

(b) property that is otherwise—

(i) used and enjoyed by the person; or

(ii) available for the person’s use or enjoyment; or

(iii) in the person’s care or custody; or

(iv) at the premises at which the person is residing.

(a) does not include any force or impact within the limits of what is acceptable as incidental to social interaction or to life in the community; and

(b) against a person includes an act depriving a person of liberty; and

(c) against property includes an act of damaging, destroying, removing, using or interfering with the property.