The Court: Ballarat Magistrates Court
The Lawyer: Benjamin Smith
The Charges:
The Allegations:
The client and his partner had been in a relationship for four months. The client was suffering from mental health issues and was undergoing intermittent psychological treatment for the past two months.
On the day in question, the client received a call from his girlfriend, stating that she wanted to end the relationship because of the client’s emotional instability. The client did not receive this well, and he proceeded to call her repeatedly for the next four hours. The breakup triggered a mental health crisis for the client, who felt blindsided and overwhelmed.
The nature of the calls varied between being threatening and then apologetic, with requests for another chance. The calls were recorded by the client’s ex-partner and provided to the police. The client was subsequently charged with Stalking.
At Court:
After our solicitor requested the evidence and listened to the phone calls, it became apparent that 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 four hours indicated that the client intended 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 a three-day period. Following negotiations with the prosecutor, 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.
The Outcome:
This, combined with the client’s cooperation with police and his mental health issues, gave our solicitor 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 pleased with the outcome, as it meant the conviction was automatically spent.
