Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 359C

What is immaterial for unlawful stalking, intimidation, harassment or abuse

359C What is immaterial for unlawful stalking, intimidation, harassment or abuse

(1) For section 359B (a) , it is immaterial whether the person doing the unlawful stalking, intimidation, harassment or abuse—
(a) intends that the stalked person be aware the conduct is directed at the stalked person; or
(b) has a mistaken belief about the identity of the person at whom the conduct is intentionally directed.
(2) For section 359B (a) and (c) , it is immaterial whether the conduct directed at the stalked person consists of conduct carried out in relation to another person or property of another person.
(3) For section 359B (b) , it is immaterial whether the conduct throughout the occasion on which the conduct is protracted, or the conduct on each of a number of occasions, consists of the same or different acts.
(4) For section 359B (d) , it is immaterial whether the person doing the unlawful stalking, intimidation, harassment or abuse intended to cause the apprehension or fear, or the detriment, mentioned in the section.
(5) For section 359B (d) (i) , it is immaterial whether the apprehension or fear, or the violence, mentioned in the section is actually caused.



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