A conviction for stalking with intent to harass under s 35(1)(c) of the Crimes Act 1900 (ACT) requires the trier of fact to identify the facts giving rise to an inference of intent to harass and to explain why that inference should be drawn to the exclusion of contrary inferences beyond reasonable doubt. Merely identifying the issue of intent and finding that the accused was the author of the stalking conduct is insufficient. Evidence potentially negativing intent (such as expressions of affection or devotion) must be addressed.
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