Stalk or Intimidate

Stalk or Intimidate
Stalk or Intimidate binocular
dark_logo
Criminal Law

About Stalk or Intimidation

Section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 contains an offence of stalking or intimidating another person with the intention of causing the other person to fear physical or mental harm.

dark_logo
Criminal Law

Elements of the Offence

In order to prove this offence the prosecution must establish the following elements beyond a reasonable doubt:

  1. That the accused stalked or intimidated the other person, or attempted to stalk or intimidate the other person; and
  2. The accused knew that their conduct was likely to cause fear of physical or mental harm in the other person.

The prosecution is not required to establish that the other person actually feared physical or mental harm, only that the accused knew their conduct was likely to cause this fear in the other person. The legislation also broadens the offence by including fear of harm to anyone with whom the alleged complainant has a domestic relationship.

Stalk or Intimidate man cover face
white_logo
Criminal Law

Behaviour That May Constitute the Offence

Behaviour that may constitute stalking or intimidation includes:
dark_logo
Criminal Law

Defences

Defences that may be raised against this offence include:
This offence carries a maximum penalty of 5 years imprisonment and/or a fine of $5,500