Stalking and Intimidating
Stalking and Intimidating NSW
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Stalking and intimidate, causing fear of physical or mental harm charge is a common charge police lay amongst other domestic violence charges. It captures a wide area of behaviour from verbal threats to a physical action. It is common for false allegations of stalk and intimidation offences to be made by spouses or extended family members to assist in obtaining an Apprehended Domestic Violence Order. These ‘orders’ can result in family members being forced to live separately and not being able to communicate with one another for months.
WHAT IS STALKING AND INTIMIDATING?
Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 makes stalking or intimidation with intent to cause fear of physical or mental harm an offence in New South Wales. The maximum penalty is 5 years imprisonment on indictment, a fine of $11,100 or both. In the local court the maximum imprisonment sentence is capped at 2 years.
Causing fear of physical or mental harm is not limited to the victim’s fear of harm to themselves.  If the victim fears harm from a person, they are in a domestic relationship with because of the offender’s behaviour then a criminal offence has been committed.
WHAT IS STALKING/ INTIMIDATION?
Stalking Meaning
The meaning of stalking is addressed in section 8 of the Crimes (Domestic and Personal Violence) Act 2007.
- Following a person with the intention of causing the other person to fear physical or mental harm; or
- Watched or frequented the vicinity of, or approached the vicinity of a person’s residence, business, work or place the person frequents for the purposes of any social
- Contacting a person using the internet or phone.
The court will consider any pattern of violence (especially domestic violence) in determining whether a person’s actions amount to stalking.
Intimidation Meaning
The meaning of intimidation is addressed in section 7 of the Crimes (Domestic and Personal Violence) Act 2007.
- Engaging in conduct amounting to harassment or molestation with the intention of causing the other person to fear physical or mental harm.
- This includes cyberbullying such as the publication or transmission of offensive material over social media or via email.
- Making repeated telephone calls or sending emails and/or text messages with the intention of causing the other person to fear physical or mental harm; or
- Any conduct that causes a reasonable apprehension of injury to a person, a person with whom he or she has a domestic relationship, with the intention of causing the other person to fear physical or mental harm; or
- Any conduct that causes a reasonable apprehension of violence or damage to any person, animal, or property with intent to cause physical or mental harm
- Conduct amounting to coercion or deception of, or threat to, a child or adult to enter into a forced marriage.
The court will consider any pattern of violence (especially domestic violence) in determining whether a person’s actions amount to intimidation.
WHAT DO THE PROSECUTION NEED TO PROVE? HOW DO I BEAT A STALK INTIMIDATION CHARGE?
To be found guilty of stalking or intimidating, the prosecution must prove beyond reasonable doubt that
- You engaged in conduct amounting to stalking or intimidating another person (as per the descriptions above) or attempted to stalk or intimidate them.
- You knew that your conduct was likely to cause fear of physical or mental harm in the other person.
The police are not required to prove that the person alleged to have been stalked or intimidated ACTUALLY feared physical or mental harm. The police are, however, required to establish that you INTENDED to cause fear of physical or mental harm. You will intend to cause fear of physical or mental harm if you know that the conduct is likely to cause fear in the other person.
How to beat a stalk intimidation charge?
Our Criminal Lawyers have a proven track-record of beating these charges. Our defence team will tailor your advice to ensure you have the best chance of beating this charge. If the court is not satisfied that you “intended” to cause fear you will be acquitted.
WHAT ARE THE POSSIBLE SENTENCES FOR STALK AND INTIMIDATION OFFENCES?
If the matter is finalised in the Local Court the maximum penalty is 2 years imprisonment. This penalty is normally reserved for the worse offenders.
Potential sentences for a plea of guilty or finding of guilty for a Stalk and Intimidation offence include:
- Fines
- Community Corrections Order
- Condition Release Orders with/without conviction
- Intensive Corrections Orders
- Full-time Imprisonment
Why Choose A Criminal Lawyer From Criminal Lawyers Group?
Our Criminal Lawyers are award-winning criminal lawyers that specialise in criminal offences. Whether it’s a traffic infringement or a serious criminal case our lawyers are here to assist in providing you specialised criminal representation.
Steven Mercael​
Principal Lawyer​
Frequently Asked Questions
If the matter is finalised in the Local Court the maximum penalty is 2 years imprisonment. This penalty is normally reserved for the worse offenders.
Potential sentences for a plea of guilty or finding of guilty for a Stalk and Intimidation offence include:
- Fines
- Community Corrections Order
- Condition Release Orders with/without conviction
- Intensive Corrections Orders
- Full-time Imprisonment
If the matter is finalised in the Local Court the maximum penalty is 2 years imprisonment. This penalty is normally reserved for the worse offenders. If the matter is finalised in the District Court the maximum penalty is 5 years imprisonment.
Yes. Criminal Lawyers Group guarantees expert legal advice tailor to your case to provide you with the best defence.
The court can consider a number of factors. These include and are not limited to:
- The method used to stalk and intimidate (whether in-person or via phone)
- Degree of stalking and intimidating
- What was the actual threat made? Were any actions taken to follow through on the threat?
- Duration of the offending
- Where the offending took place
- The vulnerability of the alleged victim
- The planning involved
The court will take into consideration factors such as:
- Your age and criminal antecedents
- Your insight into the offending
- Your remorse and contrition
- Your Mental health and the context of the offending
There are three ways to avoid a conviction for a stalk and intimidation charge. They include:
- Obtaining an acquittal
- Obtaining a non conviction bond on sentence
- Obtaining a Section 14
Please contact us if you cannot find an answer to your question.