Hellings v The Queen

Hellings v The Queen involves two appeals against conviction and one application for leave to appeal against sentences. The applicant, Hellings, was convicted of aggravated stalking in breach of a violence restraining order. The appeals against conviction concern the consideration of alternative verdicts and the admissibility of evidence of the relationship between Hellings and the complainant. The application for leave to appeal concerns the sentences imposed. The Court was required to determine whether the trial judge erred in failing to consider an alternative verdict of the simple offence of stalking, whether the trial judge erred in admitting evidence of the relationship, and whether the sentences were appropriate.

The Court held that the trial judge did not err in failing to consider the alternative verdict of the simple offence of stalking, as it was not an available verdict under the circumstances of the case. The Court also held that the trial judge did not err in admitting evidence of the relationship, as it was relevant to the context of the threatening letter sent by Hellings to the complainant. The Court held that the sentences were appropriate, taking into account the seriousness of the offences and the need to deter Hellings and others from committing similar offences. The Court upheld the sentences of 6½ years and 5 years imprisonment, as well as the refusal of parole eligibility.

The Court dismissed the appeals against conviction and the application for leave to appeal against sentences. The convictions and sentences were affirmed.