Stalking or Intimidation with Intent to Cause Physical or Mental Harm
The offence of Stalk or Intimidate with Intent to Cause Physical or Mental Harm is found in section 13 of the the Crimes (Domestic and Personal Violence) Act 2007 (NSW) which deems a person guilty if they stalk or intimidate (or attempt to) another person with the intention of causing the other person to fear physical or mental harm.
Facing Charges of Stalking/Intimidation?
The charge of stalking and intimidating, causing fear of physical or mental harm, is becoming increasingly common among police allegations, encompassing a broad spectrum of behaviors. Unfortunately, we’ve observed a rise in cases where spouses fabricate allegations of intimidation to obtain Apprehended Violence Orders (AVOs), causing immense stress and separating families.
At Barsha Defence Lawyers, our experienced criminal lawyers vigorously challenge such charges, particularly in cases where the sole witness is the accuser or collusion among prosecution witnesses is suspected. We’ve successfully defended numerous clients against stalk/intimidate accusations, securing not guilty verdicts.
Even if you’re considering a guilty plea, our legal team has a strong track record of minimizing penalties, often avoiding jail time and preventing convictions from being recorded. Don’t face these charges alone – reach out to us today to protect your rights and explore your legal options.
You could be charged with Stalk or Intimidate with Intent to Cause Physical or Mental Harm if you:
- Constantly and repeatedly call, text or message someone
- Make or indicate a threat to a person or their family
What is Stalking and Intimidating?
In New South Wales (NSW), Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 defines stalking or intimidation with intent to cause fear of physical or mental harm as an offence. This offense carries a maximum penalty of 5 years imprisonment, a fine of $11,100, or both.
Causing fear of physical or mental harm extends beyond the victim’s own apprehension of harm. If the victim is fearful of harm from a person with whom they share a domestic relationship due to the offender’s conduct, it constitutes a criminal offense.
What is Intimidation?
In New South Wales (NSW), the definition of intimidation is outlined in section 7 of the Crimes (Domestic and Personal Violence) Act 2007.
What is Stalking?
In New South Wales (NSW), the definition of intimidation is outlined in section 8 of the Crimes (Domestic and Personal Violence) Act 2007.
What must the prosecution prove?
Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.
The prosecution must prove the following beyond reasonable doubt:
- You intimidated someone
- You did so intending that person to fear physical or mental harm
- You stalked someone
- You did so intending that person to fear physical or mental harm
What are the maximum penalties for this offence?
The maximum penalties for Stalk or Intimidate with Intent to Cause Physical or Mental Harm in NSW is:
- Five years imprisonment and/or;
- Fine of $5,500.00
Examples of Intimation
Intimidation encompasses various behaviors intended to cause another person to fear physical or mental harm. This includes:
- Conduct amounting to harassment or molestation, aiming to induce fear of harm.
- Cyberbullying, such as transmitting offensive material via social media or email.
- Repeated phone calls, emails, or text messages with the intent to instill fear.
- Any action causing a reasonable apprehension of injury to a person, particularly those in a domestic relationship.
- Actions causing a reasonable apprehension of violence or damage to individuals, animals, or property.
Examples of Stalking
Stalking, as defined in section 8 of the Crimes (Domestic and Personal Violence) Act 2007, includes:
- Following an individual with the intent to instill fear of physical or mental harm.
- Observing or lingering near a person’s residence, workplace, or frequented locations to cause distress.
- Approaching areas where the person conducts business or social activities.
- Online or telephonic communication with the intention to intimidate or cause fear.
Pleading Guilty to a Charge of Stalking and Intimidating
If you acknowledge your involvement in the offence and the evidence supports it, pleading guilty is often the advisable course of action. By doing so, you may receive a reduced sentence, showcasing your regret and accountability. In some cases, our experienced solicitors can negotiate with prosecutors to plead guilty to lesser facts or a less severe charge on your behalf.
The offence of stalk/intimidate carries a maximum penalty of two years imprisonment in the Local Court and five years in the District Court, typically for severe cases. Our solicitors have a strong track record of preventing our clients from serving jail time. Depending on the severity of the allegation, we may seek to have the offence dealt with by way of Section 10 under the Crimes (Sentencing Procedure) Act, resulting in no conviction recorded and no criminal record.
Pleading Not Guilty to a Charge of Stalking and Intimidation
In cases of stalking or intimidation, the police are not obligated to prove that the alleged victim actually experienced fear of physical or mental harm. Instead, they must demonstrate your intent to cause such fear. This means showing that you knowingly engaged in conduct likely to induce fear in the other person.
Establishing intent hinges on your awareness that your actions are likely to evoke fear in the other individual. If the police can establish this awareness, it constitutes intent to cause fear of physical or mental harm, regardless of whether the victim experienced such fear.
Several defences may be available to you in cases of stalking or intimidation:
- No Intent: You can argue that you did not intend to cause fear of physical or mental harm.
- Necessity: You may claim that you committed the offence out of necessity.
- Self-Defence: You have the option to argue that you acted in self-defence.
- Duress: You can assert that you were forced to commit the offence.
- You did not do the acts alleged
- The acts alleged do not amount to stalking or intimidation
Avoiding a Conviction
After a finding of guilt, a court may still decide not to record a conviction, depending on various factors:
- Personal Circumstances: The court considers factors such as character, age, health, and mental condition.
- Triviality of the Offence: If the offence is deemed trivial, the court may be more inclined not to record a conviction.
- Extenuating Circumstances: Any circumstances surrounding the offence that mitigate its severity are taken into account.
- Other Relevant Matters: The court may consider any additional factors it deems appropriate.
It’s essential to note that while these factors play a significant role, their presence does not guarantee the avoidance of a conviction.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
Will i go to Jail?
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Jail: The most severe penalty, involving full-time detention in a correctional facility.
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Home Detention: Formerly available as a standalone order, now part of Intensive Corrections Orders (ICO), allowing the serving of a sentence at home under strict supervision.
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Intensive Corrections Order (ICO): Replaced periodic detention, requiring compliance with conditions like counseling, abstaining from alcohol, curfews, and community service.
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Suspended Sentence: Formerly suspended upon entering a good behavior bond, it’s now obsolete. It entailed avoiding jail if the terms of the bond were upheld, applicable for sentences up to two years.
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Community Service Order (CSO): Replaced by Community Corrections Orders (CCO), involving unpaid community work or attending courses like anger management, with eligibility determined by probation service assessment.
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Good Behaviour Bond: Replaced by CCO, requiring adherence to specified conditions for a defined period, with a maximum duration of five years.
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Community Corrections Orders (CCO): Includes standard conditions like no further offenses and court appearance obligations, with additional conditions at court discretion or subsequent application.
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Fines: The amount decided considering financial circumstances, payable by the offender.
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Section 10A: Records a conviction with no additional penalty.
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Conditional Release Order (CRO): Includes standard conditions similar to CCO.
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Section 10 – Avoiding a Criminal Record: Provides an opportunity to avoid a conviction and criminal record upon guilty plea, at the court’s discretion.
Understanding the implications of each penalty is crucial, and seeking legal advice can help navigate through the options available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.
Charged with Stalking or Intimidation with Intent to Cause Physical or Mental Harm?
Seek legal assistance immediately. Our experienced team at Barsha Defence Lawyers is here to help. With a proven track record of successfully defending clients against similar allegations, we understand the complexities of these cases and will work tirelessly to protect your rights. Don’t navigate this challenging situation alone. Contact us today to schedule your first free consultation. Your future is too important to leave to chance.