The offence of stalking under s 21A of the Crimes Act 1958 (Vic) does not require proof that the victim was aware of all the stalking conduct comprising the course of conduct. The first two alternative bases for liability (ss 21A(2) and 21A(3)(a)) focus solely on the offender's state of mind. Even under the third basis (s 21A(3)(b)), the victim need not be aware of every act — what matters is that the course of conduct overall caused the requisite harm or apprehension. A guilty plea constitutes an admission of all elements of the offence, and a plea entered for pragmatic reasons (including family pressures) will not be set aside unless a miscarriage of justice is shown.
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