The indictable stalking offence under s 338E(1) of the Criminal Code (WA) requires pursuit with intent to intimidate regardless of whether the victim is actually intimidated, while the simple offence under s 338E(2) requires both that the pursuit could reasonably be expected to intimidate and that it does in fact intimidate the victim, with the latter assessed on a combined objective-subjective basis. Evidence of the history of a relationship between accused and complainant in stalking and threat cases is admissible not merely as background but as directly relevant to intent, authorship, and the reasonableness of the complainant's reaction, and a propensity direction is not required where the evidence is relevant to those specific issues rather than to proving conduct during the indictment period.
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