Stalking and Intimidation Lawyers in NSW
Our Criminal Law Team can assist you with matters related to stalking and intimidation, we have the experience and expertise necessary to ensure you receive the best possible outcome.
We’ve been defending the people of Newcastle, Lake Macquarie, Central Coast and the Hunter region since 1969 and have helped our clients to achieve the best possible outcomes in all Criminal Law matters.
We are used to dealing with the Police and know all the ‘ins and outs’ of the Courts and Justice system.
If you have been charged with stalking or intimidation, contact our Criminal Law Team today to book a teleconference or appointment. We’ll fight vigorously to protect your freedom and rights.
Frequently Asked Questions
We’ve answered the most frequently asked questions about stalking and intimidation below:
What is stalking and what must the prosecution prove?
Stalking is defined under section 8 of the Crimes (Domestic and Personal Violence) Act 2007. Stalking involves:
- following a person; or watching a person; or approaching a person;
- at their place of residence, business or work, or at a place that a person frequents for the purposes of any social or leisure activity.
For the purpose of determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
Stalking can include the regular mailing of gifts or letters to another person, in situations whereby the recipient of those gifts or letters would not want to receive them.
Stalking can also include repeated attempts to communicate with a person, in situations whereby the recipient of the attempted communication has not responded to any of the attempts and/or would not want to respond. For example, sending someone a private Facebook messages or constant SMS communications.
What is intimidation and what must the prosecution prove?
Intimidation is defined under section 7 of the Crimes (Domestic and Personal Violence) Act 2007. Intimidation involves:
- conduct amounting to harassment or molestation of the person; or
- 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
- 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.
For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
Does the other person have to be fearful for stalking and intimidation to have occurred?
It is sufficient for the prosecution to prove that a person knew that their conduct was likely to cause fear in the other person.
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 causing another to fear physical or mental harm includes causing a person to fear physical or mental harm to another person with whom he or she has a domestic relationship.
A person who attempts to commit an offence of stalking or intimidation is guilty of an offence and the same penalties apply as if the offence had been committed.
What are the maximum penalties for stalking and intimidation in NSW?
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.
Is a Section 10 possible if I’ve been charged with stalking and/or intimidation?
Yes. For more information regarding section 10 please read these articles:
- Can You be Found Guilty With No Conviction Recorded?
- Spent Convictions and an Individual’s Criminal History
- Criminal Law
- Extortion and Blackmail
- Centrelink Fraud
- Firearm Offences
- Drug Driving Lawyers
- Hinder an Investigation
- AVOs Apprehended Violence Orders
- Malicious Damage to Property
- Affray and Public Violence
- Computer Offences and Cybercrime
- Murder and Manslaughter
- Drug Offences
- Larceny and Stealing
- Break and Enter
- Penalty Notices
- Perjury and False Accusations
- Misappropriation of Assets and Funds
- Drink Driving Lawyers
- Environmental Crime
- Bankruptcy Crime
- Identity Crime
- Tax Fraud
- Money Laundering
- Insider Trading
- Fraud & Cyber Fraud
- Corporate Crime
- Sex Crimes and Sexual Offences
If you are looking for further information on stalking and/or intimidation, we hope the following links will help.
- 05/01/2015 by Matthew CarneyCan You be Found Guilty With No Conviction Recorded?
- 29/01/2015 by Matthew CarneyDrink Driving in NSW - Everything you need to know!
- 30/11/2015 by Matthew CarneyDrug Offences: The difference between small, traffickable and indictable quantities
- 06/01/2015 by Matthew CarneySpent Convictions and an Individual's Criminal History
- 01/07/2016 by Matthew CarneyCyber harassment, cyber stalking and cyber bullying: the offences and penalties