Stalking & Intimidation Charge - Lawyer / Solicitor Article.
Criminal Law Article written by: Lionel Rattenbury (criminal defence lawyer specialising in assault matters)

Stalking or intimidation with intent to cause fear of physical or mental harm is an offence which often leads to Apprehended Violence Orders (“AVOs”) to protect a person from violence or the fear of violence. Aside from continuously following someone, a common example of stalking in a domestic situation is obsessive behaviour like constant telephone calls or sending disturbing, unsolicited gifts or messages.The Law – Stalking or intimidation with intent to cause fear of physical or mental harm - Law – Lawyer / Solicitor Article
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 harm
A person who stalks or intimidates another person with the intention of causing the person to fear physical or mental harm is liable to imprisonment for 5 years, or to a fine of 50 penalty units, or both.
Section 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 – Stalking or intimidation with intent to cause fear of physical or mental harm - Penalties – Lawyer / Solicitor ArticleThe 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 – Stalking or intimidation with intent to cause fear of physical or mental harm - Lawyer / Solicitor Article 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 – Stalking or intimidation with intent to cause fear of physical or mental harm - Defences – Lawyer / Solicitor ArticleWhile there are no statutory defences or exclusions for this offence in New South Wales, possible defences to this offence include but are not limited to 1. Context2. Relationship Evidence
What court is likely to hear the matter - Lawyer / Solicitor Article 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
[1] http://www.lawlink.nsw.gov.au/lrc.nsf/pages/r103chp12#H2, http://www.austlii.edu.au/au/legis/nsw/consol_act/capva2007347/s91.html

DisclaimerThe 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 criminallaw@armstronglegal.com.au
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.
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