Domestic Violence Offences – NSW
Welcome to the NSW Intimidation and stalking article page. Everything you need to know about Intimidation and stalking according to NSW law – Dated: 31/01/2011
What the Law States according to NSW Law for Intimidation and stalking
According to NSW Law for the charge of Intimidation and stalking,
On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:
|Law Part||Short Description|
|64715||Stalk/intimidate intend fear of physical/mental harm-T2|
|70753||Stalk/intimidate intend fear physical etc harm (domestic)-T2|
|70755||Stalk/intimidate intend fear physical etc harm (personal)-T2|
|70754||Attempt stalk/intimidate intend fear of harm (domestic)-T2|
|70756||Attempt stalk/intimidate intend fear of harm (personal)-T2|
|69119||Attempt to stalk or intimidate intend fear of harm-T2|
The Maximum Penalty – Intimidation and stalking
According to NSW Law for the charge of Intimidation and stalking:
The maximum penalty for the charge of intimidation and stalking (Section 13 of the Crimes [Domestic and Personal Violence] Act) is a fine of $5,500and/or 5 years imprisonment.
In NSW, a court can impose any of the following penalties for an intimidation and stalking charge.
- Section 10: Indecent Assault proven but dismissed
- Good behaviour bond
- Community service order (CSO)
- Suspended sentence
- Intensive correction order (previously periodic detention)
- Home detention
- Prison sentence
You’ll find a brief description of each of these penalties at the bottom of this page.
Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of intimidation and stalking, if heard in the Local Court, is likely to be a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.
If the matter is finalised in the District Court the likely penalty is a suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.
What the Police must prove according to NSW Law for Intimidation and stalking
To convict you of an intimidation and stalking charge, the police must prove each of the following matters beyond a reasonable doubt:
For stalking, the police need to show:
1. That you engaged in one of the following
a. following of a person, or
b. watching or frequenting of the vicinity of, or an approach to
i. a person’s place of residence
ii. a person’s place of business
iii. a person’s place of work
iv. any place that a person frequents for the purposes of any social or leisure activity
2. with intent to cause to cause physical or mental harm
For intimidation, the police need to show:
1. That you engaged in one of the following:
a. conduct amounting to
i. harassment or
b. the making of repeated telephone calls
c. any conduct that causes a reasonable apprehension of injury to
i. a person or
ii. a person with whom he or she has a domestic relationship
d. any conduct that causes a reasonable apprehension of violence or damage to any person or property
2. with intent to cause to cause physical or mental harm
They will also need to prove that you were the person who committed the intimidation and stalking offence. The prosecution is not required to prove that the person alleged to have been stalked or intimidated actually feared physical or mental harm.
Possible Defences under NSW Law – Intimidation and stalking
Possible defences to an intimidation and stalking charge include but are not limited to:
- Self Defence
In NSW which court will hear the matter – Intimidation and stalking
The Local Court has jurisdiction to make orders and determine applications for this matter, except where the defendant is under 18 years of age at the time the application is made. The District Court has jurisdiction where an application by or on behalf of the person for whose protection an apprehended violence order (AVO) is sought has been dismissed by the Local Court or the Children’s Court.
Section 10 for an intimidation and stalking charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.
Fines for an intimidation and stalking charge: When deciding the amount of a fine for an intimidation and stalking charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.
Good behaviour bond for an intimidation and stalking charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.
Community service order for an intimidation and stalking charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.
Suspended sentence for an intimidation and stalking charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.
Periodic detention for an intimidation and stalking charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.
Intensive correction order for an intimidation and stalking charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.
Jail for an intimidation and stalking charge: This is the most serious penalty for an intimidation and stalking charge and involves full time detention in a correctional facility.