In NSW, the offence of Stalking and Intimidation is taken very seriously by the courts. Under Section 13 of the Crimes (Domestic and Personal Violence) Act 2007, it is a crime to stalk or intimidate another person with the intention of causing fear of physical or mental harm.
Stalking and/or intimidating can include;
- following someone,
- contacting them repeatedly,
- making threats,
- or engaging in behaviour that causes them to fear for their safety.
The Legal Definition of Stalking and Intimidation in NSW
Stalking includes:
- physically following a person,
- watching them,
- or contacting them repeatedly in a way that causes fear.
Intimidation can be verbal, physical, or even indirect, such as threats made through messages or social media.
For stalking and intimidation, the prosecution must prove you intended to cause fear or knew your actions would likely cause fear.
Read our other successful Criminal Case Studies.
Penalties
The maximum penalty for stalking or intimidation in NSW is 5 years imprisonment and/or a fine of up to $5,500. However, with strong legal representation, many cases result in lesser penalties such as a Community Corrections Order or a fine, as seen in a recent case study we handled, where our client avoided prison altogether.
Defences for Stalking and Intimidation
Possible defences include:
- Lack of intent to cause fear
- Mistaken identity
- False allegations
- Consent (in limited circumstances)
Why Legal Advice is Crucial
Stalking and intimidation charges in NSW can have serious consequences. These might include:
- a criminal record,
- restrictions on movement,
- and impact on employment.
Therefore, seeking criminal legal representation can help. One of our experienced stalking and intimidation lawyers can:
- Assess the strength of the evidence in your case
- Negotiate with the police or prosecution
- Present compelling arguments for bail and sentencing
If You're Facing Stalking and Intimidation Charges
If you or someone you know is facing stalking and intimidation charges, seek legal advice immediately. The right strategy can make the difference between jail and freedom.
Contact us today for a confidential consultation and take the first step towards resolution.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
