Stalk or Intimidate
Stalk or Intimidate
The offence of stalking/intimidation is governed by Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It occurs when a person stalks or intimidates another with the intent to cause them to fear physical or mental harm.
These charges often involve accusations of threatening or harassing behaviour, and they carry the potential for severe penalties. We focus on dissecting the facts of the case, including the intent behind the alleged actions.
What Must the Prosecution Prove?
To be found guilty, the prosecution must prove:
- The accused stalked or intimidated the victim.
- The accused intended to cause fear of physical or mental harm
The prosecution does not need to prove that the victim actually feared harm, just that the accused’s actions were likely to cause fear.
What is Stalking and Intimidation?
Stalking includes actions such as:
- Following or chasing a person.
- Watching or frequenting a person’s home, workplace, or other locations they visit regularly.
- Contacting or approaching someone online or through other technological means constantly.
Intimidation involves actions such as:
- Harassment or molestation.
- Cyberbullying.
- Threatening or harassing someone through phone calls, texts, or online messages.
- Conduct causing the person to fear harm to themselves, another person in a domestic relationship, or property.
- Coercion, deception, or threats related to forced marriage.
Defences to Stalking/Intimidation
Defences include:
• False Allegation: The claims are untrue.
• Acts do not amount to stalking/intimidation: The accused’s behaviour was not unlawful.
• No intent: The accused did not intend to cause fear.
• Mistaken Identity: The accused was wrongly identified.
• Necessity or Duress: The accused acted under pressure.
Penalties
District Court
Maximum penalty: 5 years imprisonment and/or a $5,500 fine.
In the Local Court, the maximum penalty is 2 years imprisonment and/or a $5,500 fine.
Need Legal Assistance for Stalking/Intimidation Charges?
If you are facing charges for stalking or intimidation, IMS Lawyers Australia can help. These charges are serious and require skilled legal representation.
