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Intimidation and Stalking
The Law
Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 provides that it is an offence to stalk or intimidate another person with intent to cause to cause physical or mental harmSection 8 of the Act says that stalking includes:
he following of a person about or the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity.
Section 7 of the Act says that initimidation includes:
(a) conduct amounting to harassment or molestation,or
(b) the making of repeated telephone calls, or
(c) 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.
Maximum penalty
The Maximum penalty for the offence of Intimidation and Stalking is a fine of $5,500.00 and/or 5 years imprisonment.What the police must prove
For stalking, the police need to show:1. That you engaged in one of the following
a. following of a person, or
b. watching or frequenting of the vicinity of, or an approach to
i. a person’s place of residence
ii. a person’s place of business
iii. a person’s place of work
iv. any place that a person frequents for the purposes of any social or leisure activity
2. with intent to cause to cause physical or mental harm
For intimidation, the Police need to show:
1. That you engaged in one of the following
a. conduct amounting to
i. harassment or
ii. molestation
b. the making of repeated telephone calls
c. any conduct that causes a reasonable apprehension of injury to
i. a person or
ii. a person with whom he or she has a domestic relationship
d. any conduct that causes a reasonable apprehension of violence or damage to any person or property
2. with intent to cause to cause physical or mental harm
The Prosecution is not required to prove that the person alleged to have been stalked or intimidated actually feared physical or mental harm. Click here to learn more about identification evidence.[1]
Possible defences
While there are no statutory defences or exclusions for this offence in New South Wales, possible defences to this offence include but are not limited to1. Context
2. Relationship Evidence
What court is likely to hear the matter
The Local Court has jurisdiction to make orders and determine applications for this matter, except where the defendant is under 18 years of age at the time the application is made. The District Court has jurisdiction where an application by or on behalf of the person for whose protection an apprehended violence order (AVO) is sought has been dismissed by the Local Court or the Children’s Court.
Disclaimer
The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.
It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.
Phone: 02 9261 4555 Accredited Specialists in Criminal Law & Quality Endorsed Legal Practice - Law 9000 (based on ISO 9001).
