Stalking and Intimidation is an offence under section 13 of the Crimes (Domestic and Personal Violence) Act (NSW) 2007 (the Act) to stalk or intimidate with intent to cause fear of physical or mental harm. The section 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.
- For the purposes of this section, causing a person to fear physical or mental harm includes causing the person to fear physical or mental harm to another person with whom he or she has a domestic relationship.
- For the purposes of this section, a person intends to cause fear of physical or mental harm if he or she knows that the conduct is likely to cause fear in the other person.
- For the purposes of this section, the prosecution is not required to prove that the person alleged to have been stalked or intimidated actually feared physical or mental harm.
- A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.
The offence carries a punishment of imprisonment 5 years or $5,500 or both. The offence is one of “specific intent” under s428B of Crimes Act (NSW) 1900 and therefore, the offender’s intoxication can be considered for the purposes of determining criminal liability as per McIlwraith v R [2017] NSWCCA 13 at [39]-[42].
An “offence of specific intent” is an offence of which an intention to cause a specific result is an element.
The meaning of intimidation is provided in section 7 of the Act which states:
- For the purposes of this Act, “intimidation” of a person means:
a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or
b) an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, 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.
The meaning of stalking is provided in section 8 of the Act which states:
(1) In this Act, “stalking” includes the following:
a) the following of a person about,
b) 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,
c) contacting or otherwise approaching a person using the internet or any other technologically assisted means.
The offence of stalking and intimidation is a serious one that is often coupled with an ADVO. The team at Pannu Lawyers regularly and successfully defend such charges across all Local Courts in NSW.
Pannu Lawyers are located conveniently close to Blacktown Local Court and appear daily in Local Court of NSW, District Court of NSW and the Supreme Court of NSW. If you are charged with criminal offences and/or traffic offences, call our office on 02 9920 1787 to make an appointment.
