Yes, the offence is stalking, or intimidation is under section 13 the Crimes (Domestic & Personal Violence) Act 2007.
The penalty for this offence is 50 penalty units and/or 5 years imprisonment.
What is intimidation?
- conduct (including cyber-bullying) 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.
What do the Police have to prove?
- The defendant
- Intimidates
- Another person
- Intending the other person to fear – physical and/or mental harm
- To themselves of a person they have a domestic relationship with
Can past events or intimidation be taken into account?
Yes, under the C(DV) a court can have regard to any pattern of violence especially that of domestic violence in the persons alleged behaviour.
What is an example of intimidation?
Typically, this involves behaviour that is intended to frighten and/or cause apprehension or fear from the behaviour like threatening a person.
Is threatening to Self-Harm a form of intimidation?
Potentially yes, the police must be able to show that the threat to self-harm is an attempt to control the behaviour or induce the other person into some sort of apprehension and fear, then this could potentially be classed as intimidation.
Can I be charged with Intimidation is I am not in a relationship with the person?
Yes, although commonly associated with Domestic Violence or Domestic relationships, someone can still be charged with intimidation under this section if they do not know the person.
What are the defences to intimidation?
- No intention to intimidate the other party
- Self-defence
- Necessity
- Duress
You should always obtain legal advice in regard to your current circumstances with a solicitor each case is different and requires differing advice. Contact us for a free on the phone consultation.