Stalk Intimidate Offences

Lawyers NSW

What is Stalk/Intimidate?

 

Stalk or Intimidate offences often arise out of domestic violence situations where the people know each other quite well.

However, it is not limited to this, and it can also involve any person threatening or stalking another person through a variety of methods, including distant internet mail messages and phone calls and text messages. The threats do not have to come from a personal proximity.

The offence involves stalking or intimidating another person with the intention of causing them to fear physical or mental harm. 

Stalk/Intimidate & The Law

Stalk or Intimidate is an offence under Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

What the Prosecution need to Prove (Beyond a Reasonable Doubt):

  • The accused stalked or intimidate another person; or

  • The accused attempted to stalk or intimidate another person; or

  • The accused was aware that their conduct was such as to cause fear of physical or mental harm to the other person, and continued in the act

 

The Prosecution must only prove that the accused was aware that their conduct was such as to cause fear of physical or mental harm.

 

A mere attempt to stalk or intimidate is sufficient for this charge to be proven, meaning that the accused does not need to succeed in causing fear of physical or mental harm. It is sufficient for the accused to have attempted to do so.

 

However, the charge will fail to succeed if the prosecution only prove that the accused was reckless as to the possibility that their conduct was capable causing fear to the other person. Each case will differ on the facts significantly, and a careful analysis of the Police evidence is and the circumstances in which the charges came about, is strongly recommended  with the help of an expert legal professional. 

 

Going to Court – “What am I looking at?”

 

Stalk or Intimidate carries a maximum penalty of a $5,500 fine and/or  2 years imprisonment if the matter remains in the Local Court before a Magistrate.

If the Director of Public Prosecution chooses to elect the matter, and have it transferred to the District Court due the seriousness of the offence and any aggravating features, the maximum penalty can be up to 5 years imprisonment.

Lawyer Call – here to help..

Contact our experienced team of defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge.

Our Senior Defence Lawyers have shown time and time again their drive to beat these charges, and help you return to normal life.

 

Their tireless and resilient dedication to assessing each incident individually, have often resulted in having these charges dropped at an early stage, making Representations to Police addressed to the Police Officer in charge at the Local Area Command and the Police Prosecutor’s Office outlining why in those certain cases, there is not enough evidence to suggest that the actions were committed with an intent to cause fear of physical or mental harm.

In those cases where a plea of guilty is accepted as the best possible way to proceed, Lawyer Call Criminal Lawyers also understand the intricacies of conducting powerful pleas before a Magistrate, the importance of gathering the right documentation in support of your character, and addressing every possible avenue of mitigating the seriousness of the offence.

At Lawyer Call we take pride in our Online Legal Conferencing Service, together with our dedicated correspondence and face to face consultations.

Call us today and together we will put up the right fight. 

Alternatively, if a plea of guilty is more appropriate in the circumstances, or if negotiations need to be conducted in an effort to downgrade the charge, our solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist the case and present the best possible submissions before a Judge for a more lenient sentence.

 

 

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    Sutherland

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