What is Stalk or Intimidate with Intention to Cause Fear?
Intimidation or stalking occurs when a person stalks or intimidates another person to the point where that other person fears for their mental and/or physical safety. Examples include:
- Constantly calling, texting or messaging someone via social media.
- Making a threat to a person or their family.
- Repeatedly attending a person’s home or work.
The Law
Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) states:
A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.
Jurisdiction / Case Law
An offence of Intimidation or Stalking is to be dealt with in the Local Court unless an election is made for trial on indictment by the Department of Public Prosecutions (DPP).
Intimidation is defined as being one of the following:
- Harassment or molestation.
- Contact with a person that causes the recipient to fear for his or her safety.
- Following a person or approaching or attending a person’s home or place of work, or any other place they attend regularly.
What must the prosecution prove?
Since Stalk or Intimidate with Intention to Cause Fear is a criminal offence, the burden of proof lies on the Prosecution.
The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.
To establish Stalking or Intimidation, the prosecution must prove each of the following matters beyond reasonable doubt:
Intimidation
- You intimidated someone,
- You did so intending that person to fear physical or mental harm.
Stalking
- You stalked someone,
- You did so intending that person to fear physical or mental harm.
If you are charged with the offence of Stalk or Intimidate with Intention to Cause Fear, what are your options?
National Criminal Lawyers (NCL) have been successful in defending many Stalk/Intimidate charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.
It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.
Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.
NCL offer the following options for those who have been charged with Stalking or Intimidation:
- We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
- NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
- Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
- Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.
Please contact us now for more information about your options.
Why National Criminal Lawyers?
There are three reasons to choose National Criminal Lawyers:
1. Your best chance to get the result you’re after
We are the experts in either beating or having criminal charges withdrawn and/or obtaining the least restrictive penalty available.
This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can ensure the evidence is not only obtained properly, but also that your case is prepared and presented to the highest best practice standards possible.
This is also done without breaking your pocket.
2. How a Senior Defence Lawyer can HELP YOU deal with criminal charges
No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience, you will get the best result possible.
3. National Criminal Lawyers are the best defenders of your rights
At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights.
For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights.
This is true not only when the police have just simply got it wrong, OR if they have got it right, then we can speak with you and make sure you get the best result available.
