Our client was charged with multiple counts of stalking under the Family Violence Protection Act, following the breakdown of a long-term relationship. The charges related to repeated text messages, uninvited attendances at the complainant’s workplace, and allegedly monitoring her social media over several weeks.
The allegations were serious and raised the prospect of a conviction and a significant community corrections order. Our client worked in a field requiring regular police and working with children checks, meaning that a recorded conviction would have had a devastating effect on his ability to maintain employment and rebuild his life.
We took early steps to engage with the police prosecution and obtained full disclosure of the brief of evidence. A thorough timeline analysis revealed that some of the conduct did not meet the legal definition of stalking, while other aspects had occurred in the context of disputed communications following the end of the relationship. Our client accepted that some of his behaviour had caused distress, but he was remorseful and had already taken steps to address his actions, including voluntarily attending therapy and undertaking respectful relationships counselling.
We helped the client compile compelling material, including a psychological report, letters of support from employers and family, and evidence of ongoing mental health treatment. At the plea hearing, we made submissions that addressed the seriousness of the conduct while highlighting his youth, lack of prior criminal history, genuine remorse, and efforts to rehabilitate. We also argued the substantial impact that a conviction would have on his future prospects.
Outcome: The Magistrate accepted our submissions in full and imposed an adjourned undertaking to be of good behaviour for 12 months, without recording a conviction. No other conditions or penalties were imposed.
This excellent result was made possible through our detailed preparation, early engagement with police, and a persuasive plea strategy—demonstrating the value of thoughtful, experienced representation by Elbob & Stephenson Legal.
