Is Threatening Behaviour a Criminal Offence in NSW?

Threatening behaviour is something most people have encountered in their lives—whether through heated arguments, aggressive messages, or intimidating gestures. But when does such behaviour cross the line from unpleasant to unlawful? In New South Wales (NSW), threatening behaviour can, in certain circumstances, amount to a criminal offence with serious penalties.

At LY Lawyers, we specialise in defending clients charged with criminal offences, including assault, intimidation, and threatening behaviour. Below, we break down how NSW law views threatening behaviour, the potential consequences, and what you should do if you’re facing charges.

What is Considered Threatening Behaviour?

Threatening behaviour refers to words, actions, or gestures intended to cause fear of harm. This can include:

• Verbal threats to injure someone.
• Threatening gestures, such as raising a fist.
• Written or electronic communications (texts, emails, social media posts).
• Persistent intimidating conduct that makes another person fear for their safety.

Under NSW law, threatening behaviour may fall under several categories depending on the nature of the threat.

Is Threatening Behaviour a Criminal Offence in NSW?

Yes. Threatening behaviour can be prosecuted as a criminal offence in NSW. The exact charge depends on the circumstances and the severity of the alleged threat.

Some relevant offences include:

• Common Assault (Crimes Act 1900 (NSW), section 61): Verbal threats can amount to assault if they cause a person to fear immediate unlawful violence.
• Stalking and Intimidation (Crimes (Domestic and Personal Violence) Act 2007): It is an offence to stalk or intimidate someone with the intention of causing them fear.
• Threats to Kill or Cause Grievous Bodily Harm (Crimes Act 1900, section 31): Making serious threats of violence can lead to significant penalties, including imprisonment.

Examples of Threatening Behaviour

Here are some scenarios where behaviour may be considered threatening:

• Saying “I’ll hurt you if you don’t…” during an argument.
• Sending repeated online threats through social media.
• Standing over someone aggressively or blocking their exit in a heated dispute.
• Threatening behaviour in domestic or public settings.

The context matters greatly—what may seem like an offhand remark in one situation could be treated very seriously in another, especially in domestic violence cases.

Penalties for Threatening Behaviour in NSW

The penalties depend on the specific offence charged:

• Common assault: Maximum penalty of 2 years imprisonment.
• Stalking or intimidation: Up to 5 years imprisonment and/or a fine.
• Threats to kill or cause grievous bodily harm: Up to 10 years imprisonment.

Courts also consider aggravating factors such as:

• Whether the threat occurred in a domestic violence context.
• The vulnerability of the victim.
• Whether the accused has previous convictions.

Defences to Threatening Behaviour Charges

If you’ve been charged, several legal defences may apply, such as:

• Lack of intent: The behaviour was not intended to cause fear.
• No reasonable fear: The alleged victim did not reasonably fear for their safety.
• False allegation: The accusation is fabricated or mistaken.
• Self-defence: The accused acted to protect themselves from harm.

An experienced criminal lawyer can assess the circumstances and build the strongest defence possible.

What to Do if You’re Charged with Threatening Behaviour

Being accused of threatening behaviour can be overwhelming. Here are important steps to take:

1. Seek legal advice immediately – don’t try to navigate the system alone.
2. Do not speak to police without a lawyer present – anything you say may be used as evidence.
3. Gather evidence – messages, call logs, or witnesses that support your version of events.

At LY Lawyers, we have extensive experience in defending criminal charges, including threatening behaviour and related offences.

How LY Lawyers Can Help

With over 20 years of experience, LY Lawyers is one of Sydney’s leading criminal defence law firms. We have successfully defended countless clients facing charges for threatening behaviour, assault, intimidation, and domestic violence.

Our team provides:

• Expert legal representation in all NSW courts.
• Tailored defence strategies based on the facts of your case.
• Guidance through each stage of the process.
• A proven track record of achieving dismissals, reduced penalties, and favourable outcomes.

We understand the stress of facing criminal charges—and we’re here to fight for you.

Conclusion

Threatening behaviour can amount to a criminal offence in NSW, carrying serious consequences including imprisonment. The law takes threats seriously, particularly in domestic and public contexts.

If you or someone you know has been charged, getting expert legal representation is critical. At LY Lawyers, we specialise in criminal law and have the experience to protect your rights and secure the best possible result.

📞 Contact LY Lawyers today for a free initial consultation for your or your loved one’s problems.