These charges are often laid as a result of an alleged domestic violence situation, and often in addition to assault related charges.
With the now frequent use of mobile phones to communicate, police will often charge a person with this offence if they allege that threatening phone messages were sent to the alleged victim.
A simple threat can often lead to the laying of this charge.
Plead not guilty
In order to be convicted of stalk or intimidate, the police must prove beyond a reasonable doubt that:
1. If stalking is alleged, that you:
a) Followed a person, or
b) Watched or frequented the vicinity of, or approached the vicinity of a person’s residence, business, work or place the person frequents for the purposes of any social or leisure activity with intent to cause to cause physical or mental harm.
2. If intimidation is alleged, that you:
a) Engaged in conduct amounting to harassment or molestation; or
b) Made repeated telephone calls; or
c) Any conduct that causes a reasonable apprehension of injury to a person or a person with whom he or she has a domestic relationship; or
d) Any conduct that causes a reasonable apprehension of violence or damage to any person or property with intent to cause to cause physical or mental harm.
The prosecution is not required to prove that the person alleged to have been stalked or intimidated actually feared physical or mental harm.
If any of the elements the prosecution is relying on cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:
Our experienced criminal lawyers will advise you of your prospects of successfully defending a stalk or intimate charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.
The offence of Stalk or Intimidate carries a maximum penalty of a fine of $5,500.00 and/or 2 years imprisonment in the Local Court and a maximum penalty of 5 years imprisonment in the District Court. However, Stalk/Intimidate is an offence sometimes dealt with pursuant to section 10 of the Crimes (Sentence Procedure) Act, meaning no conviction will be recorded, there is no other penalty and you will have no criminal record. To find out more about a section 10, click here.
Generally, penalties that a court can impose for any criminal offence in NSW are: