R v Tarasiuk

In the case of R v Tarasiuk, the appellant was found guilty of unlawful stalking by the court. The dispute arose from the appellant's conduct towards his neighbours during the construction of his house on a vacant block of land. Various complaints were made by the complainants to multiple bodies, including the Brisbane City Council, the Queensland Building and Construction Commission (QBCC), and the police. The court was required to decide whether the appellant's conduct amounted to unlawful stalking and whether the trial judge made any errors that resulted in a miscarriage of justice. The court also considered whether the sentence imposed was manifestly excessive.

The court found that the appellant's conduct satisfied the elements of stalking under section 359B of the Criminal Code. The evidence presented by the witnesses, particularly Mrs Duetz, showed that the appellant's behaviour was intimidating and caused fear and discomfort to the complainants. The court was not persuaded that the verdict was unreasonable or not supported by the evidence. Regarding the potential miscarriage of justice, the court found that the trial judge did not err in handling the abandonment of Particular 13, nor in discharging one juror and replacing them with a reserve juror. Lastly, the court concluded that the sentence imposed was not manifestly excessive, taking into account the nature and circumstances of the offence, and the need for deterrence and denunciation.

In conclusion, the appeal against conviction was dismissed, and the application for leave to appeal against the sentence was refused. The orders made by the court are as follows: (1) the appeal against conviction is dismissed, and (2) the application for leave to appeal against sentence is refused.