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Committing certain actions against families of law enforcement officers constitutes an offence under Section 60B of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that:
An ‘assault’ is where:
Courts must look at any pattern of behaviour when determining whether conduct amounts to stalking.
‘Harassment’ has been defined by the courts as pestering, badgering or persistently applying unwanted pressure.
A person with whom the officer has a ‘domestic relationship’ includes:
‘Law enforcement officer’ is defined as:
The prosecution does not need to prove that any person was actually assaulted, stalked, harassed or intimidated or that the law enforcement officer feared for his or her safety.
Causing the officer to fear harm includes causing fear of harm to a person with whom the officer has a domestic relationship.
Defences to the charge include:
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