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264(1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
(2) The conduct mentioned in subsection (1) consists of (4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened (5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.
It is an important complement to crime rates, as it measures both crime incidents that come to the attention of the police and those that are unreported.
The 2004 The cumulative effect of harassment causes victims to experience intimidation, as well as psychological and emotional distress.
Given that over half of the people who are criminally harassed do not report this crime to police,) on Victimization provides self-reported data on criminal victimization.Before 1993, persons who engaged in stalking conduct might have been charged with one or more of the following offences: intimidation (section 423 of the was amended to create the new offence of criminal harassment in section 264.It was introduced as a specific response to violence against women, particularly to domestic violence against women.The potential severity of stalking should not be underestimated.
The psychological impact on the victim alone can be debilitating and life-altering.However, the offence is not restricted to domestic violence and applies equally to all victims of criminal harassment.