Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 359C

359C What is immaterial for unlawful stalking

(1) For section 359B (a) , it is immaterial whether the person doing the unlawful stalking—

(a) intends that the stalked person be aware the conduct is directed at the stalked person; or

(b) has a mistaken belief about the identity of the person at whom the conduct is intentionally directed.

(2) For section 359B (a) and (c) , it is immaterial whether the conduct directed at the stalked person consists of conduct carried out in relation to another person or property of another person.

(3) For section 359B (b) , it is immaterial whether the conduct throughout the occasion on which the conduct is protracted, or the conduct on each of a number of occasions, consists of the same or different acts.

(4) For section 359B (d) , it is immaterial whether the person doing the unlawful stalking intended to cause the apprehension or fear, or the detriment, mentioned in the section.

(5) For section 359B (d) (i) , it is immaterial whether the apprehension or fear, or the violence, mentioned in the section is actually caused.