Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 359A

ch 33A

359A 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.

"detriment" includes the following—
(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.

"property" , of a person, means—
(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.

"stalked person" see section 359B .

"unlawful stalking" see section 359B .

"violence"
(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.



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