Facing accusations of intimidation, stalking, or coercive control can be a daunting experience. These are serious criminal charges under New South Wales law with significant legal consequences. As criminal lawyers, we believe it’s crucial to provide clear and honest information to individuals accused of these offences to help them understand the charges and navigate their defence.
Is intimidation a crime?
Yes, intimidation is a criminal offence. Under the Crimes (Domestic & Personal) Violence Act 2007, Section 7, intimidation includes conduct that causes someone to fear for their safety or creates a reasonable apprehension of fear. This can be through direct actions or using technology such as phone calls, text messages, and emails.
The actual offence of intimidation is under Crimes (Domestic & Personal) Violence Act 2007, Section 13 which states:
(1) 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.
The maximum penalty for this offence is imprisonment for 5 years or 50 penalty units or both.
What Constitutes Stalking?
Stalking involves behaviours such as repeatedly following someone, watching or approaching their residence or place of work, or using the internet to contact them. Section 13 of the Crimes (Domestic & Personal) Violence Act 2007 criminalises stalking or intimidation with the intent to cause fear of physical or mental harm.
Facing Penalties for Stalking and Intimidation
Being accused of stalking or intimidation can lead to serious legal repercussions. If found guilty, you could face imprisonment for up to 5 years or a fine of 50 penalty units, or both. The law takes these offences seriously because they can significantly impact the victim’s wellbeing.
Examples of Intimidating Behaviour
Intimidation can take many forms and may include:
- Persistently following someone.
- Sending repetitive and unwanted communications, such as emails, letters, calls, or text messages.
- Frequently visiting the vicinity of a person’s residence or place of work.
- Making threats to harm a person, their pet, or property.
- Engaging in any behaviour that makes another person feel fearful.
What is Coercive Control?
As of July 2024, Coercive Control is now a standalone criminal offence:- abusive behaviour towards current or former intimidate partners, under the Crimes Act 1900, Section 54D.
Coercive control is a pattern of abusive behaviour that creates fear or limits a person’s freedom and autonomy. Unlike a single incident, coercive control involves a range of behaviours that can include intimidation, financial control, and other forms of manipulation.
Can the offence of intimidation and stalking include past conduct?
Courts may consider past conduct when determining whether a person’s behaviour amounts to stalking. Patterns of violence, particularly domestic violence, are taken into account, highlighting the importance of a thorough and honest evaluation of your actions.
These offences will often have an Apprehended Domestic/Personal Violence Order ADVO/APVO accompanying these charges.
Seeking Legal Advice Early
If you are accused of these offences, it is critical to seek legal advice as soon as possible. An experienced criminal lawyer can provide you with a clear understanding of the charges, help you build a strong defence, and guide you through the legal process.
Facing accusations of intimidation, stalking, or coercive control can be overwhelming, but you do not have to navigate this alone. At Catron Simmons Lawyers, we are committed to offering expert legal support and representation to help you achieve the best possible outcome.
If you need assistance or have questions about your situation, please contact us for a confidential consultation. Understanding your rights and the legal process is the first step in addressing the charges against you.