Quick Facts
Our client was charged with:
- using a carriage service to menace, harass or cause offence
- stalking
Maximum penalties:
- using a carriage service to harass: 3 years imprisonment
- stalking: 10 years imprisonment
Outcome:
- Carriage service charge: 7 months imprisonment, with immediate release on a recognisance release order for 2 years
- Stalking charge: 2-year Community Corrections Order with judicial monitoring, mental health supervision and offence-specific rehabilitation
Why This Was a Favourable Outcome
This was a favourable outcome because the offending was serious. Our client had a prior conviction for similar conduct. He also made a very large number of calls to multiple police stations.
However, we subpoenaed medical records that confirmed our client suffered from significant mental health issues. We then established a direct link between those conditions and the offending. As a result, the judge accepted that punishment alone would not properly address the case.
Importantly, we avoided further jail time for our client. The court released him immediately at the end of the hearing. In addition, the court did not require him to complete community work as part of the Community Corrections Order.
Case Background
Our client moved to Australia in his late twenties. After a short relationship, he separated from his wife. Following that separation, he began abusing alcohol and illicit drugs heavily because he was denied contact with his daughter.
Soon after, he had several interactions with police. Those interactions caused him to become suspicious of authorities. He believed they had treated him unfairly and discriminatorily. As a result, he began making abusive phone calls to various police stations.
Over a period of two months, our client made more than 7,000 vulgar, threatening and menacing calls to police stations. Forty-two police officers provided statements about the calls and explained how the conduct affected them personally and in the course of their duties. Usually, our client made the calls while under the influence of alcohol or illicit drugs.
Police later arrested our client. During his recorded interview, he admitted making the calls in retaliation because he believed police had treated him unfairly.
Mental Health Evidence
While in pre-sentence detention, our client saw two psychiatrists. Their notes and reports concluded that he suffered from severe mental health issues consistent with schizophrenia. Following those assessments, doctors prescribed medication.
That development was significant because our client had never previously received that diagnosis or any medication for the condition. After treatment began, he reported a significant improvement in his mental health.
Plea and Sentence
Our client pleaded guilty at the earliest opportunity. The judge accepted that our client had to face punishment for his actions. However, the judge also recognised that he needed treatment for his mental health issues.
For that reason, the sentence addressed both punishment and rehabilitation.
If you have any questions about stalking charges, please contact us for assistance.
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.
