Understanding the Offence of Stalking & Intimidation
In New South Wales, both stalking and intimidation fall under the same offence. However, they relate to different types of conduct. The law is designed to protect against conduct that causes fear of physical or mental harm. Statistics reveal that over half of stalking/intimidation offences are domestic violence-related.
What is Stalking in NSW?
Stalking is defined as:
the following of a person about,
the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work, or any place that a person frequents for the purposes of any social or leisure activity,
the monitoring or tracking of a person’s activities, communications or movements (whether by using technology or in another way and whether or not the monitoring or tracking involves contacting or otherwise approaching the person),
contacting or otherwise approaching a person using the internet or any other technologically assisted means.
This is defined under section 8 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
When determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence in the person’s behaviour.
Examples of stalking include following or surveilling someone in person, such as following them home from their place of work, or electronically, such as via devices or apps. It can include showing up to someone’s workplace on numerous occasions without invitation, waiting outside their home when you’ve been told to leave, or repeated unwanted texts or calls.
It is important to note that stalking must be with the intention to cause someone to fear physical or mental harm. A person will intend to cause fear of physical or mental harm if they know that the conduct is likely to cause fear in the other person.
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We pride ourselves on having high client retention, building ongoing relationships with our clients time and time again. Our clients know that they're able to trust Elite Defence Lawyers in any and all instances.
What is Intimidation in NSW?
Intimidation is defined as:
Conduct amounting to harassment or molestation,
Cyberbullying,
Approaches made to a person (by any means, including telephone, text, or online messaging) that cause the person to fear for their safety,
Conduct that causes a reasonable apprehension of injury to the person or to another person with whom the person has a domestic relationship,
Conduct that causes a reasonable person to apprehend violence or damage to any person or property, or harm to an animal that belongs or belonged to, or is or was in the possession of, the person or another person with whom the person has a domestic relationship.
Conduct amounting to the coercion or deception of, or a threat to, a child or person to enter into a forced marriage.
This is defined under section 7 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
When determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence in the person’s behaviour.
Examples include threats, abusive messages, and aggressive behaviour. Intimidation will often occur through mere words, gestures, verbal or electronic communications, or threats to others, not just physical confrontations or acts. Intimidation often appears in a domestic context and is heavily linked to ADVO proceedings.
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What must the prosecution prove for a Stalking & Intimidation charge?
The Prosecution is required to prove, beyond a reasonable doubt, that you:
You stalked or intimidated another person,
You intended to cause them to fear 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. Furthermore, causing a person to fear physical or mental harm also includes causing the person to fear physical or mental harm to another person with whom they have a domestic relationship.
Penalties & Court Process for Stalking & Intimidation
For the offence, a maximum penalty of 5 years imprisonment and/or a $5,500 fine is applicable.
However, it is important to note that it is classified as a ‘table 2 offence’, which means that it will be dealt with summarily in the Local Court unless the prosecution elects for the matter to be dealt with in the District Court.
In practice, this means a strong majority of matters are dealt with in the Local Court. In the Local Court, the maximum penalty is limited to 2 years imprisonment and/or a $5,500 fine for a single offence.
The offence will be considered ‘domestic violence related’ where the complainant has a domestic relationship with you (i.e., partner, ex-partner, family member, housemate etc.).
Besides a full-time custodial sentence (i.e., imprisonment), other outcomes include:
Non-convictions (i.e., a section 10(1)(a) dismissal, or a conditions release order without conviction).
Conditional release order, with conviction.
Fines.
Community Corrections Order.
Intensive Corrections Order.
Elite Defence Lawyers assist in seeking favourable outcomes for clients if you do end up pleading Guilty to the offence.
Factors That Influence Sentence
In considering an appropriate penalty during sentencing, the court will consider a number of matters, including aggravating or mitigating factors. An offence will be considered ‘aggravated’ in circumstances such as where there is a high level of seriousness (i.e., a serious threat, for example, to kill or seriously injure another), the offence occurred in the home of the victim, or you have a history of prior convictions. It will also be aggravated in circumstances where you are also breaching an ADVO which prescribes that you are not to intimidate the person in need of protection, or you are in company.
Mitigating factors include circumstances where you express remorse, cooperate with the police, are unlikely to re-offend, and enter an early plea of Guilty. Strong advocacy on your behalf can ensure the important aspects of your matter are highlighted to the court, influencing what the court considers and how it weighs your circumstances.
Defence Strategies for Stalking & Intimidation Charges
Common defences to a charge of stalking or intimidation include:
You did not stalk or intimidate the complainant (i.e., it is a false allegation),
Self-defence,
That the acts do not amount to stalking or intimidation,
That you did not intend to cause the other person physical or mental harm,
Mistaken identity.
Strategies such as challenging a complainant’s credibility and reviewing evidence highlighting the context of the incident and relationship, such as digital evidence, phone logs, and witness testimony, will be key.
Why Early Legal Advice Is Critical
It is integral to act quickly and document your version of events as soon as you can to ensure you don’t lose your recollection through the passage of time. It will be important to preserve digital evidence, texts, CCTV and call logs. Early action and being able to challenge weak and inconsistent evidence can ensure a favourable outcome in terms of a case’s progression. Contact Elite Defence Lawyers prior to your first court date to set up an action plan for your case.
On the first court date, you will be able to enter a plea of Guilty or Not Guilty in relation to the offence. If you enter a plea of Guilty, in most circumstances the matter will be able to proceed to a Sentence on the same date.
If you enter a plea of Not Guilty, the matter will be adjourned for the police to serve a brief of evidence. This may contain statements from police officers, statements from the complainant and witnesses, police body-worn video, CCTV, photos, videos, and any other relevant materials. Once the evidence is served, the matter will be set down for a Hearing, which is a court date set aside for the Local Court Magistrate to determine whether the police have proven their case beyond a reasonable doubt. If the charge is considered ‘domestic violence related’, instead of the matter being adjourned for the police to serve a brief of evidence, it will instead be expedited and adjourned for Hearing once a plea of Not Guilty is entered.
With the right legal support, many cases resolve favourably before reaching a hearing.
Immediate Steps If You’ve Been Charged
If you have been charged with stalking or intimidation, it will be important to:
Document your version of events,
Collate any relevant text messages, photos and videos,
Organise urgent legal support and contact Elite Defence Lawyers immediately.
Why Choose Elite Defence Lawyers
Being charged with stalking or intimidation is confronting and stressful. These offences carry serious penalties, including the risk of a criminal record, fines, and even imprisonment. Having the right defence team is essential. At Elite Defence Lawyers, we have extensive experience representing clients facing stalking and intimidation charges in NSW courts, and we understand how to build strong cases that protect our clients’ futures.
Our lawyers take the time to listen to your side of the story and develop a tailored strategy for your defence. We provide clear, non-judgmental advice and guide you at every stage, from the first police interview through to court hearings and sentencing.
We focus on achieving real results, including withdrawn charges, not guilty verdicts, and reduced penalties where appropriate. With fixed fees, free consultations, and 24/7 urgent support, we make sure you get immediate access to the help you need.
If you’re facing a stalking or intimidation charge, don’t delay. Contact Elite Defence Lawyers today for trusted representation and the best chance at a positive outcome.
