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ARTICLE · 13 JANUARY 2020

What is stalking in New South Wales?

The onus is always on the prosecution to prove beyond reasonable doubt that the defendant's conduct amounts to stalking.

AustraliaCriminal Law

The SBS Insight program featured a segment some time ago about the nature and prevalence of stalking in Australia, with alleged offenders, complainants and police officers relating their experiences of such conduct and the criminal justice system's treatment of it.

But those on the program struggled to define the term 'stalking', giving varying descriptions of what they consider the term to mean.

So what is the definition of stalking in the NSW criminal law? What types of conduct amount to stalking under the law? What is the offence of stalking in our state, what does the prosecution need to prove, what are the penalties and how seriously do courts consider domestic violence related offences?

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