Our expert criminal lawyers for stalking and intimidation offence can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.
You can read our reviews here.
Stalking and Intimidating NSW
Stalking and intimidating, causing fear of physical or mental harm charge is popular with police. It captures a wide range of behaviour. In recent times we have seen increased incidences of spouses making up allegations of intimidation with the aim of having the police take out apprehended violence orders. This can lead to immeasurable stress and Apprehended Violence Orders that prevent fathers, mothers and children from living together.
Fortunately, our criminal lawyers often can put the police to task in proving the offence of stalk/intimidate. Especially in circumstances where the only witness is the accuser or where there is a suspicion of collusion amongst prosecution witnesses. Our clients are frequently found not guilty of stalk/intimidate.
If you intend to plead guilty, our criminal lawyers have a proven track record of not only keeping our clients out of jail but also in some cases having no conviction recorded.
What is Stalking and Intimidating?
Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 makes stalking or intimidation with intent to cause fear of physical or mental harm an offence in NSW.
Causing fear of physical or mental harm is not limited to the victim’s fear of harm to themselves. If the victim fears harm from a person with whom they are in a domestic relationship because of the offender’s behaviour, then a criminal offence has been committed.
Intimidation meaning
The meaning of intimidation is addressed in section 7 of the Crimes (Domestic and Personal Violence) Act 2007.
- Engaging in conduct amounting to harassment or molestation with the intention of causing the other person to fear physical or mental harm.
- This includes cyberbullying such as the publication or transmission of offensive material over social media or via email.
- Making repeated telephone calls or sending emails and/or text messages with the intention of causing the other person to fear physical or mental harm; or
- Any conduct that causes a reasonable apprehension of injury to a person, a person with whom he or she has a domestic relationship, with the intention of causing the other person to fear physical or mental harm; or
- Any conduct that causes a reasonable apprehension of violence or damage to any person, animal, or property with intent to cause physical or mental harm
- Conduct amounting to coercion or deception of, or threat to, a child or adult to enter into a forced marriage.
The court will consider any pattern of violence (especially domestic violence) in determining whether a person’s actions amount to intimidation.
Stalking Meaning
The meaning of stalking is addressed in section 8 of the Crimes (Domestic and Personal Violence) Act 2007.
- Followed a person with the intention of causing the other person to fear physical or mental harm; or
- Watched or frequented the vicinity of, or approached the vicinity of a person’s residence, business, work or place the person frequents for the purposes of any social; or
- Tracking a persons communications or movement,
- Contacting a person using the internet or phone.
The court will consider any pattern of violence (especially domestic violence) in determining whether a person’s actions amount to stalking.
Pleading not guilty
To be found guilty of stalking or intimidating, the prosecution must prove beyond a reasonable doubt that:
- You engaged in conduct amounting to stalking or intimidating another person (as per the descriptions above) or attempted to stalk or intimidate them.
- You knew that your conduct was likely to cause fear of physical or mental harm in the other person.
If you plead not guilty, our criminal lawyers can challenge the prosecution’s case by arguing that:
- the conduct did not amount to stalking or intimidation at law;
- there was no intention to cause fear of physical or mental harm;
- the comments or conduct were taken out of context;
- the allegations were exaggerated or fabricated;
- the complainant is unreliable; or
- the prosecution cannot prove the offence beyond reasonable doubt.
You can read more information about pleading not guilty here.
Common defences include:
- Self-defence, you acted to protect yourself or another person.
- Duress, you were forced to act due to threats.
- Necessity, your actions were needed to avoid serious harm.
- Identification, you were not the offender.
Self-defence is one of the most commonly successful defences.
Pleading guilty
If you plead guilty, our focus is on securing the best possible outcome and avoiding a criminal record wherever possible. We negotiate with the police to reduce the charge or to agree on the facts.
If the matter is heard in the district court, the maximum penalty for stalking and intimidating is 5 years imprisonment, a fine of $11,100 (50 penalty units) or both.
If the matter is heard in the local court, the maximum penalty is 2 years’ imprisonment, a fine of $11,100, or both.
You can read more about pleading guilty here.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat your stalking or intimidation charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.
Case studies
Not guilty – Not guilty finding for intimidation
Our lawyer represented a man charged with intimidation to cause fear of mental/physical harm. His wife gave evidence that our client threatened her life by saying, “If you disappeared off the face of the earth tomorrow, the kids would not have to see your boyfriend again”. She conceded under cross-examination that the Accused man said: “If you died of lung cancer, the kids won’t have to see your new boyfriend again”. The Magistrate found the client’s actual words provided a different context to the remarks, and they were not threatening his wife’s life. The case was dismissed with the magistrate finding our client not guilty.
Charges dismissed – Complainant failed to attend court
Our lawyer represented a client charged with common assault, assault occasioning actual bodily harm, and intimidation. The allegation was that he hit his wife with a telephone and told her that he would kill her. As is not unusual in cases of this nature, the wife did not attend court. Our solicitor successfully argued that the prosecution’s adjournment application should be refused. The court could have no confidence that the wife would turn up to court at any time in the future. The magistrate agreed and dismissed the charge against our client.
Section 10 – No conviction recorded
Our lawyer represented a man charged with threatening his wife in the immediate aftermath of their separation. The man admitted to the police that he had made the threat. Our solicitor successfully argued that the threat was out of character. Our client had led an otherwise law-abiding life, contributing to society. It was argued that the threat occurred in the context of an extremely acrimonious separation that placed our client under great stress. The Magistrate accepted that our client should get a second chance and dismissed the offence under section 10, meaning our client had no criminal record.
Charges dismissed
Our criminal defence lawyer represented a client who walked up to a 17-year-old asking to buy their underwear. Following the first request, our client also asked to watch her masturbate for $50. Our lawyer was able to argue that this occurred due to his mental illness. Our client was granted a s 14, meaning the charges were dismissed.
Source: Crimes (Domestic and Personal Violence) Act 2007 No 80, Current version for 1 January 2022 to date (accessed 4 May 2022 at 19:22), https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2007-080
This information is intended as a general guide to law only. It should not be relied on as legal advice, and it is recommended that you speak with a qualified lawyer about your situation.
Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group makes no warranties or representations as to its accuracy.