The client was suffering from mental health issues. He received a call from his girlfriend saying she wanted to end the relationship. This was not well received by the client, and he proceeded to call her repeatedly for the next four hours. The nature of the calls varied between being threatening, then apologetic and asking for another chance. The calls were recorded by the other party and were provided to police.
After we requested the evidence and listened to the phone calls it became apparent the police summary of facts did not convey the full gravity of the situation. The calls were frightening. The fact that the calls continued for a four hour period indicated that the client’s intention was to induce fear in the victim. The charge could not be challenged, only mitigated.
Initially the summary of facts stated that the calls continued over three days. Following negotiations, this was amended to state four hours, instead of three days. This was a significant concession by police as it reduced the period of the course of conduct.
This, combined with the client’s cooperation with police and his mental health issues, gave us enough material to persuade the Court to impose a non-conviction fine. This is an unusual outcome, as stalking is usually treated very seriously by the Courts. The client’s greatest concern was the thought of receiving a conviction, therefore he was very happy with the outcome.