Stalking and Intimidation

Stalking or intimidating another person with the intention of causing the person to fear physical or mental harm is an offence. Typically this offence occurs amongst people who have or had a relationship with each other.

This is an offence under s13 of the Crimes (Domestic and Personal Violence) Act 2007 NSW.

The prosecution do not have to prove that as a result of the stalking or intimidation that the victim actually feared physical or mental harm.

To prove an offence of stalking, the prosecution has to prove beyond a reasonable doubt that you have:

  • Followed a person; or
  • Watched or approached a person at their workplace, home or other social outing;
  • With intent to cause physical or mental harm.

To prove an offence of intimidation, the prosecution has to prove beyond a reasonable doubt that you have engaged in conduct that:

  • Amounts to harassment or molestation; or
  • Have approached a person by any means, including text messages and emails; and
  • Which has caused a person to have fear for their safety.

Defences

  • Duress;
  • Necessity; and
  • Self-defence.

Penalty

The maximum penalty if you are convicted in the Local Court is 2 years imprisonment or a fine of $5500.

If you are convicted in the District Court, the maximum penalty is 5 years imprisonment.

If you have been charged with an offence of stalking and intimidating, please contact Benjamin & Leonardo Criminal Defence Lawyers to arrange a FREE conference.

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