Page:Protection from Harassment Act 2014.pdf/10

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10
NO. 17 OF 2014


(a) the number of occasions on which the acts or omissions associated with stalking were carried out;
(b) the frequency and the duration of the acts or omissions associated with stalking that were carried out;
(c) the manner in which the acts or omissions associated with stalking were carried out;
(d) the circumstances in which the acts or omissions associated with stalking were carried out;
(e) the particular combination of acts or omissions associated with stalking comprised in the course of conduct;
(f) the likely effects of the course of conduct on the victim's safety, health, reputation, economic position, or his freedom to do any act which he is legally entitled to do or not to do any act which he is not legally bound to do; and
(g) the circumstances of the victim including his physical or mental health and personality.

(6) Any person who contravenes subsection (1) shall be guilty of an offence and, subject to section 8, shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(7) In any proceedings for an offence under subsection (6), it is a defence for the accused person to prove—

(a) that the course of conduct was reasonable in all the circumstances,
(b) that the course of conduct was pursued under any written law or rule of law or to comply with any condition or requirement imposed by any person under any written law;
(c) that the course of conduct was lawfully done under a duty or power under any written law for the purpose of preventing or detecting crime; or
(d) that the course of conduct was done on behalf of the Government and was necessary for the purposes of national