Stalk and Intimidate

Stalking or intimidation in New South Wales is an offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007. An offence is committed if a person stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm. An intention to cause fear of harm means you knew your conduct was likely to cause harm.
Stalking is defined under section 8 of the Crimes (Domestic and Personal Violence) Act 2007.

Stalking involves:

• Following the other person about
• Watching or frequenting the person’s residence, work, business, or any place the other person frequents for social or leisure activities, and
• Contacting the other person through the internet or other technological means.

‘Intimidation’ means:

• Conduct amounting to harassment or molestation
• Approaching the other person by any means including phone, SMS and email in order to make them fear for their safety
• Conduct causing the other person to apprehend violence or damage to themselves or their property, and
• Conduct causing a person with whom you have a domestic relationship to apprehend being injured.

Penalties

If the matter is finalised in the District Court, the maximum penalty is imprisonment for up to 5 years and/or a $5,500 fine. If the matter is finalised in the Local Court, the maximum penalty is imprisonment for up to 2 years and/or a $5,500 fine.

If you or someone you know has been charged with an offence relating to stalk or intimidation, it is advised to seek legal advice as soon as possible.

Call our office on 0280807585 for a free consultation.