Stalking of the Police
Stalking of the police case in the County Court of Victoria
Our client was charged with:
- Using a Carriage Service to Menace, Harass or Cause Offence
Using a carriage service to harass – 3 years imprisonment
Stalking – 10 years imprisonment
What our client received
– 7 months imprisonment, to be released immediately on a recognisance order for 2 years (Commonwealth laws equivalent of Suspended Sentence). Our client was released immediately after the court hearing.
– 2-year Community Corrections Order with conditions including judicial monitoring, mental health supervision and offence specific rehabilitation.
Why was this a favourable outcome
Current offending was serious because:
- the client had a previous conviction for a similar offence
- the client made an excessive volume of phone calls
- the phone calls were made to various police stations
We were able to subpoena medical documentation confirming our client suffered from mental health issues. Furthermore, we established a direct link between the offending and the mental health issues. The judge ultimately found that our client was not someone the law is designed to punish.
We were able to avoid further jail time for our client, and he was immediately released upon the conclusion of his case. In addition, he was not required to do any community work as part of his Community Corrections Order (CCO).
Our client moved to Australia 10 years ago in his late twenties. After a short relationship, he separated from his wife. After the separation, our client started abusing alcohol and illegal substances heavily, as he was denied contact with his daughter by the spouse.
Soon after, he started to have run ins with the police. This interaction resulted in him becoming suspicious of the authorities as he thought they were discriminatory towards him. Our client then started making abusive phone calls to various police stations.
Our client was charged because he made over 7000 vulgar, threatening and menacing phone calls to various police stations during a period of 2 months.
Forty-two police officers made statements recounting a large number of calls which affected them personally and in their line of duty. The calls were usually made by our client while he was under the influence of illicit drugs and alcohol.
Our client was arrested. During his record of interview, he made admissions to make the phone calls in retaliation as he felt that he was treated discriminatorily by the police.
Our client was seen by two psychiatrists during his time in pre-sentence detention. The notes and reports from the psychiatrists concluded that he suffered from severe mental health issues consistent with schizophrenia. As a result, he was prescribed medication to treat his condition. This was significant, as he had never previously been diagnosed or prescribed medication. Consequently, our client reported a significant improvement in his mental health condition.
Our client pleaded guilty at the earliest opportunity. The judge felt that while our client deserved to face punishment for his actions, it was also important to acknowledge that he required treatment for his mental health issues. His Sentence provided a solution in serving both needs.
Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquiries relating to the above subject matter, please contact us for an obligation free, face to face consultation.
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