Stalking or Intimidating

It is an offence to stalk and/or intimidate another person. Stalking and intimidation occurs when a person follows and/or threatens another person with the intention of causing the other person to fear physical or mental harm.

 

THE LAW

The offence of intimidation or stalking is contained in section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) which states:

‘A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence’.

Behaviour that can constitute stalk and/or intimidate include

• Calling, texting or Facebook messaging someone excessively
• Making threats to a person, their family, their friends or work
• Showing up at a person’s home or work
• Saying words or phrases that are deemed intimidating to a reasonable person.

 

Maximum/Possible Penalties

Stalk-Intimidate can be punished with a prison sentence of up to 5 years imprisonment and/or a fine of $ 5500.

Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.

In NSW, a court can impose any of the following penalties for a stalking and intimidation charge of:

• Full time Imprisonment
• Intensive Corrections Order (ICO)
• Community Correction Order (CCO)
• Conditional release Order (CRO) (ie: bond); and/or
• Fine

 

THE FACTS THAT MUST BE PROVEN

Since Stalk-Intimidate is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove the Accused’s guilt beyond reasonable doubt being:

For Intimidation

• You intimidated someone
• You did so with the intent that person to fear physical or mental harm

For Stalking

• You stalked someone
• You did so with the intent that person to fear physical or mental harm

However, even if you did not intent it will be sufficient fact to prove that you know that the conduct is likely to cause fear in the other person.

Plus, it will not require the facts that the other person actually feared physical or mental harm.       

An attempt to commit this offence will be treated as if the offence attempted had been committed.

 

Defences

Some of the possible defences are:

• Duress-If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”
• Necessity – If your actions were necessary to prevent a greater harm from occurring, you may have the defence of-Necessity; or
• Self-defence - If you were defending yourself or another OR yours or another’s property you may have a Defence of “Self-Defence” even in situations where “Pre-Emptive Force” is used. Moreover, at times there “No duties or need to retreat”.

 

CHOICES AT LAW OPTIONS

For stalk and/or intimidate, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police/DPP) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are caught up in this charge our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.