Stalking and Intimidation in New South Wales (Section 13 Crimes (Domestic and Personal Violence) Act 2007)

Stalking and Intimidation in New South Wales (Section 13 Crimes (Domestic and Personal Violence) Act 2007)

Stalking and intimidation are serious criminal offences in New South Wales. They are designed to protect individuals from repeated harassment, threats, or behaviour that causes fear or distress.

The Law – Section 13 Crimes (Domestic and Personal Violence) Act 2007 (NSW)

Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) makes it an offence to stalk or intimidate another person with the intention of causing fear of physical or mental harm.

Elements of the Offence

The prosecution must prove beyond reasonable doubt that:

  • The accused engaged in conduct amounting to stalking or intimidation;
  • The conduct was intended to cause the victim to fear physical or mental harm; and
  • The victim actually felt fear as a result.

Stalking may include following, contacting, watching, or sending repeated communications (including online).

Maximum Penalty

The maximum penalty for stalking or intimidation under section 13 is five years’ imprisonment and/or a fine of up to 50 penalty units.

Possible Defences

Defences available to stalking or intimidation charges include:

  • Lack of intent – the accused did not intend to cause fear;
  • Mistaken identity;
  • False accusation or exaggeration;
  • Lawful excuse, such as contact made for legitimate reasons.

Given the subjective nature of fear and intent, these matters often rely on careful cross-examination and evidence analysis.

Contact EAS Legal for Expert Help

If you have been accused of stalking or intimidation, early legal advice is crucial. At EAS Legal, our NSW criminal defence lawyers will protect your rights, challenge weak evidence, and work towards resolving the matter quickly and effectively.

Call 1800 117 533 or visit www.easlegal.com.au for a confidential discussion today.

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