|
Causing a person to fear physical or mental harm includes causing the person to fear physical or mental harm to another person with whom he or she has a domestic relationship.
A person intends to cause fear of physical or mental harm if he or she knows that the conduct is likely to cause fear in the other person.
The prosecution is not required to prove that the person alleged to have been stalked or intimidated actually feared physical or mental harm.
s.7 Meaning of “intimidation”
Intimidation of a person means:
(a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or
[Note: An example of cyberbullying may be the bullying of a person by publication or transmission of offensive material over social media or via email.]
(b) an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or
(c) any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or of violence or damage to any person or property.
For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
s.8 Meaning of “stalking”
Stalking includes:
(a) the following of a person about,
(b) the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity,
(c) contacting or otherwise approaching a person using the internet or any other technologically assisted means.
For the purpose of determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
|