New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 54H

54H Procedural requirements

(1) In proceedings for an offence under section 54D(1)--

(a) if a specific incident of abusive behaviour is alleged to form part of the course of conduct, the prosecution is not required to allege the particulars that would be necessary if the incident were charged as a separate offence, but

(b) the prosecution is required to allege--

(i) the nature and description of the behaviours that amount to the course of conduct, and

(ii) the particulars of the period of time over which the course of conduct took place.

(2) For the accused to be convicted of an offence under section 54D(1), the trier of fact--

(a) must be satisfied beyond reasonable doubt that the evidence establishes a course of conduct that consists of abusive behaviour, and

(b) is not required to be satisfied of the particulars of any specific incident of behaviour alleged to form part of the course of conduct that it would have to be satisfied of if the incident were charged as a separate offence.

Note--: This Division does not affect the common law in relation to double jeopardy.