Are you facing stalking charges in Qld?
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Being charged with stalking is a serious matter in Qld. Stalking charges often arise in the context of relationship breakdowns, domestic disputes, workplace issues, or ongoing personal conflict. The offence is broad and can include repeated contact, monitoring, or behaviour that causes fear or distress.
Stalking offences carry significant penalties and can have lasting consequences for employment, family law matters, and future contact with the complainant.
Under section 359B of the Criminal Code, unlawful stalking, intimidation, harassment or abuse involves intentional conduct directed at a person that either:
would reasonably cause fear or apprehension of violence to a person or their property, or
causes detriment to the person.
The focus is not only on what was done, but on how the conduct would reasonably be experienced in all the circumstances.
The offence can be made out if the conduct:
occurs on one occasion, where the conduct is protracted, or
occurs on more than one occasion, even if the acts differ each time.
There is no requirement for repetition if the conduct is sufficiently ongoing or sustained during a single incident.
If you are charged, seeking early advice from an experienced criminal defence lawyer will make a difference to the outcome. Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.
What is stalking in Qld?
Stalking is an offence under section 359B of the Criminal Code 1899 (Qld).
In broad terms, stalking involves a course of conduct directed at another person that:
is intentional, and
causes the person to fear for their safety or causes detriment (including serious annoyance, anxiety, or emotional distress), and
would cause a reasonable person to feel fear or distress in the circumstances.
A single incident is not usually enough. The prosecution must prove repeated behaviour forming a course of conduct.
What behaviour can amount to stalking?
Stalking can include a wide range of conduct, such as:
following, watching, loitering near or approaching a person
repeatedly contacting a person by any method
attending or entering places where a person lives, works or regularly visits
monitoring or tracking a person’s movements or associations without consent
accessing or monitoring another person’s digital devices, messages or online accounts
leaving or sending offensive material
publishing offensive or humiliating material online
threats, intimidation, harassment or abuse
acts or threats of violence against a person or property
Stalking cases frequently involve digital communications, including social media, messaging apps, and email. Qld expressly recognises modern forms of stalking, including:
monitoring SMS messages or emails
accessing browser or device histories
tracking through apps, GPS devices or drones
monitoring social media accounts
publishing personal information such as addresses or phone numbers online
Distance and anonymity do not prevent conduct from falling within the offence.
Does stalking require threats or violence?
No. Stalking does not require physical violence or explicit threats.
Conduct can amount to stalking even where the accused believed they were attempting to reconcile or communicate, if the behaviour objectively caused fear, distress, or detriment and was unreasonable in the circumstances.
What is meant by ‘detriment’ in stalking cases
The offence does not require actual violence. It is enough that the conduct causes detriment, which may include:
fear or apprehension of violence
serious mental, psychological or emotional harm
being prevented or discouraged from lawful activities
being compelled to do something a person is legally entitled not to do
Examples include changing daily routines, avoiding public places, selling property or altering employment or travel arrangements.
What does the court look at when deciding whether behaviour amounts to stalking?
When determining whether conduct amounts to unlawful stalking, the court considers all relevant circumstances, including:
the alleged offender’s circumstances
what the alleged offender knew, foresaw or should reasonably have foreseen
the personal circumstances of the affected person
the surrounding context of the conduct
The assessment is objective and contextual, not based solely on the alleged offender’s intention.
What is irrelevant when deciding whether certain behaviour amounts to stalking?
Certain matters are immaterial under the legislation, including:
whether the accused intended the person to be aware of the conduct
whether the accused intended to cause fear or harm
whether the fear or violence was actually caused
whether the accused was mistaken about the person’s identity
whether conduct was directed partly at other people or property
This means charges can proceed even where harm was not intended or fully realised.
What is the penalty for stalking in Qld?
Stalking is a serious criminal offence.
Maximum penalty: 5 years imprisonment
Aggravated stalking (for example, involving violence, threats, or breaches of protection orders) can attract higher penalties. For example, the maximum penalty increases to:
7 years imprisonment if:
violence or threats of violence are involved
a weapon is possessed
a court order or injunction is contravened or threatened
a domestic relationship exists between the parties
10 years imprisonment if the conduct targets a law enforcement officer investigating organised crime
In addition to any sentence imposed, a conviction may impact:
employment and professional licences
family law and child-related proceedings
firearms licences
future police interactions and bail applications
Common situations leading to stalking charges
Stalking charges commonly arise from:
relationship breakdowns or domestic disputes
ongoing unwanted contact after separation
workplace or neighbour conflicts
social media or online communication disputes
breaches of domestic violence protection orders
In many cases, the facts are contested and depend heavily on the context and history between the parties.
Will I get a restraining order against me for stalking charges?
Under section 359F, courts have broad powers to impose restraining orders:
orders may be made whether the accused is found guilty or not guilty
proceedings are civil in nature and decided on the balance of probabilities
orders can restrict contact, proximity or conduct toward a person or property
orders can remain in force for up to 5 years
Knowingly breaching a restraining order is a separate offence:
up to 3 years imprisonment, or
up to 5 years imprisonment if the person has a recent domestic violence conviction
How to defend stalking charges in Qld
Section 359D excludes certain conduct as stalking, provided it is reasonable and lawful. This includes:
actions taken under lawful authority or in executing a law
conduct connected to genuine industrial disputes
conduct relating to genuine political or public interest issues
reasonable conduct carried out for lawful business or employment purposes
reasonable conduct to obtain or provide information where there is a legitimate interest
Whether conduct is reasonable is assessed in light of all circumstances. An experienced criminal defence lawyer can assess the facts and determine whether the situation comes within one of these defences.
Other strategies to defend stalking charges include the following types of argument:
whether conduct was intentional and directed at the complainant
whether the conduct was objectively capable of causing fear or detriment
whether the conduct was reasonable in the circumstances
whether the alleged conduct meets the legal threshold of protracted or repeated behaviour
evidentiary reliability, including digital evidence and complainant interpretation
Early legal advice is critical, particularly where restraining orders or domestic domestic violence is involved.
What are related charges to stalking in Qld?
Stalking charges are frequently accompanied by allegations such as:
breaches of domestic violence orders
common assault or threats
criminal defamation
unlawful surveillance or computer offences
Each charge must be assessed independently, even where allegations overlap.
How our Brisbane criminal defence lawyers can help
A criminal defence lawyer can:
assess whether the charge is properly made out
analyse communication and digital evidence
challenge whether the legal elements of stalking are proven
negotiate with prosecutors where appropriate
prepare strong submissions to minimise penalty if required
Early advice is particularly important in stalking matters, as ongoing conduct can quickly escalate exposure.
Leading Qld cases on unlawful stalking
Queensland courts have repeatedly emphasised that stalking is assessed as a course of conduct, not isolated incidents, and that jury unanimity and continuity are critical. The following cases are central to how stalking charges are prosecuted and defended.
R v Hubbuck [1999] 1 Qd R 314
Hubbuck establishes that a stalking conviction cannot stand unless the jury is unanimous about the specific acts said to constitute the offence. It is not enough that jurors generally accept that the accused engaged in stalking behaviour. They must agree on the same two acts (or the same single protracted act) that satisfy the statutory description.
R v Conde [2016] 1 Qd R 562
In Conde, the Court of Appeal confirmed that fear, apprehension or detriment may arise from a course of conduct even though each individual act, viewed in isolation, might appear innocuous. However, the Court made clear that a jury must still be unanimous as to the acts relied upon. Jurors must agree either that one qualifying act was protracted, or that at least two qualifying acts were committed, and they must agree on the same act or acts. The case is frequently relied upon where the prosecution alleges a pattern of conduct rather than overt threats or violence.
R v Glover (2022) 10 QR 825
Glover emphasises that the acts relied upon must form a continuous course of conduct, not a series of disconnected or sporadic incidents. The Court held that it was a misdirection for the trial judge to fail to explain this requirement to the jury, particularly where the prosecution case involved different types of conduct across separated time periods. If the acts agreed upon by the jury do not amount to ongoing conduct, a conviction cannot be returned. The decision highlights the need for careful jury directions and proper identification of the relevant evidence.
Example cases of penalties for stalking in Qld
R v KAV [2020] QCA 28
The Court of Appeal upheld sentences of three years’ imprisonment for unlawful stalking where the offender engaged in persistent conduct over approximately 13 months, repeatedly breaching domestic violence orders and bail conditions. Each stalking count was a domestic violence offence and some involved contravention of court orders. The Court held the sentence was not manifestly excessive, emphasising the exceptional persistence of the conduct, the repeated defiance of court orders, and the cumulative seriousness of the offending, which distinguished it from authorities involving shorter periods of stalking.
R v Henderson [2013] QCA 146; (2013) 229 A Crim R 265
The offender was convicted after trial of unlawful stalking with a circumstance of aggravation based on an intentional threat to use violence. The stalking occurred over approximately two months and involved harassment and threats but no actual violence. The sentence imposed was 18 months’ imprisonment with parole release after five months, together with a restraining order under s 359F. The Court confirmed the sentence appropriately reflected the seriousness of the threats, the complainant’s distress, and the need for personal deterrence.
R v Rowe [2011] QCA 372
In reviewing comparable cases, the Court observed that sentences of around two years’ imprisonment are commonly imposed for stalking with circumstances of aggravation, particularly where threats or associated violence are present. The judgment discussed authorities including R v AN and R v Soffy, noting that while two years is not a fixed benchmark, prison sentences of that order are well within range for aggravated stalking, subject to moderation where there is an absence of actual violence or strong mitigating factors.
R v Baker [2011] QCA 33
This decision reviewed several stalking sentences and confirmed that two years’ imprisonment is an orthodox outcome where stalking involves aggravating features such as breaches of domestic violence orders and explicit threats. The Court upheld sentences of two years’ imprisonment imposed in cases including Millar, Macdonald and Layfield, emphasising that threats of sexual violence, rape or death, repeated breaches of court orders, and prolonged offending justified substantial custodial penalties even where the offender pleaded guilty.
R v Ali [2002] QCA 64; [2003] 2 Qd R 389
The Court held that while stalking offences can attract non-custodial sentences in less serious cases, more serious examples warrant substantial imprisonment. A sentence of three years’ imprisonment was found to be manifestly excessive in the particular circumstances and was reduced to two years, having regard to the offender’s lack of relevant criminal history and positive personal references. The case is frequently cited for the proposition that sentencing for stalking spans a wide range depending on seriousness and mitigation.
JWD v Commissioner of Police (Qld) [2019] QDC 29
The offender was sentenced to three years’ probation for stalking, with a conviction recorded, despite the seriousness of the conduct and the fact that it occurred in defiance of bail conditions and a domestic violence order. On appeal, the District Court held that the sentence was not manifestly excessive, noting the offender’s limited criminal history, time spent in pre-sentence custody, and the sentencing court’s careful balancing of deterrence against rehabilitation.
R v Walton [2006] QCA 522
The Court observed that sentencing for stalking often falls within a range of 12 to 18 months’ imprisonment, wholly or partly suspended, where no threats of violence are present. However, it emphasised that deterrence is a dominant sentencing consideration and that longer custodial sentences, including terms of two years, are appropriate where the conduct involves threats or causes significant psychological harm, even in the absence of actual violence.
R v Hickman [2004] QCA 85
The offender pleaded guilty to stalking with a circumstance of aggravation and was sentenced to a 12-month intensive correction order. The case illustrates that in appropriate circumstances, particularly where there is an early plea and limited aggravation, stalking offences may be dealt with by non-custodial sentences, although the conviction itself remained recorded.
If you are charged or being investigated, seeking early advice will make a difference to the outcome.
Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.
FAQ - Stalking in Qld
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Stalking involves repeated behaviour directed at a person that causes them fear, anxiety, or distress and would cause a reasonable person to feel the same way.
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Yes. Repeated unwanted texts, messages, emails, or social media contact can amount to stalking, depending on the circumstances.
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Not necessarily. The court considers whether the conduct was intentional and whether it caused fear or detriment, judged objectively.
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Yes. Many stalking cases involve no physical contact at all and rely entirely on communications or surveillance-type behaviour.
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You should seek legal advice immediately and avoid contacting the complainant. Further contact can significantly worsen the situation and may lead to additional charges.
Do you need urgent advice from a Brisbane stalking lawyer?
If police have charged you with stalking, or you are under investigation, do not delay in seeking legal advice. These matters are taken seriously by the courts and can have far-reaching consequences.
Call our criminal defence lawyers in Brisbane on (07) 3012 6531 or fill in our Quick Enquiry form for a confidential discussion today.