The offence of stalking by surveillance under s 21A(2)(f) of the Crimes Act 1958 (Vic) requires proof of a continuity of purpose directed at a particular victim; an intention to photograph persons at random at a location, where the same person is coincidentally photographed on multiple occasions, is insufficient. The VATE procedure under s 37B is available for stalking prosecutions as the offence 'involves injury or threat of injury' by reason of the mental harm elements in s 21A(3). A witness with no independent recollection may adopt a VATE recording by attesting that what they told the interviewer was truthful at the time.
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