Stalking or intimidation with intent to cause fear of physical or mental harm is an offence pursuant to section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). This is a serious offence with unfavourable consequences including the potential for imprisonment. If you have been charged with stalking or intimidation, you should contact Walker Criminal Lawyer’s to be guided by an experienced defence lawyer. We have the skills and expertise to get you the best possible outcome.

 

What is stalking?

Stalking is defined in the Act as meaning:

1. The following a person
2. The watching or frequenting of the vicinity of
3. Contacting using the internet or any other technology assisted way

Examples of conduct by an accused that could constitute stalking include: following a person, repeatedly calling, sending unwanted messages or frequently visiting someone’s house or work.

 

What is intimidation?

Intimidation is defined in the Act as meaning:

1. Conduct amounting to harassment or molestation of the person.
2. An approach made to the person by any means that causes the person to fear for his or her safety. This can include: calling, text messaging, e-mailing or any other technologically assisted means.
3. Any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or of violence or damage to any person or property.

Examples of conduct by an accused that could constitute stalking include: following a person, repeatedly calling, sending unwanted messages or frequently visiting someone’s house or work.

 

What do the police have to prove?

The police have to prove beyond reasonable doubt the elements of the stalking or intimidation offence have been fulfilled. Thus, with evidence the police need to show your conduct amounts to stalking or intimidation. To help determine a verdict, the court has the ability to have regard to any noted patterns of violence in your behaviour.

 

What defences are available?

The possible defences to a stalking or intimidation conviction can include:

• Self defence- the defensive conduct was reasonable to the circumstance.
• Duress- being forced to act in a certain way under a serious threat by someone else.
• Necessity- committing the offence to escape imminent threat.

 

What penalties could I get?

The maximum penalty for the offence of stalking and intimidation is 5 years imprisonment or a fine of 50 penalty units ($5,500). If you are being charged with this offence, regardless of if you intend to plead guilty or not you should contact Walker Criminal Lawyers to speak with a specialist lawyer. We will work closely with you to minimise the legal ramifications that are associated with the offence.

 

Reference list

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s13.

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s8.

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s7.

 

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