Stalking and Intimidation Lawyers Sydney

In NSW, stalking or intimidating another person is treated as a criminal offence, and this applies whether the conduct happens face-to-face or remotely through social media, emails, phone calls or text messages.

Stalking-related charges can have a devastating effect on the person accused, especially where the allegation arises out of a former relationship or family dispute. A conviction is a serious outcome, carrying a maximum penalty of up to five years’ imprisonment, although the great majority of matters we see don’t result in anything close to that maximum.

This page focuses on the law as it applies in NSW, since criminal law varies from state to state across Australia. If your matter is being dealt with outside NSW, we’d encourage you to get advice from a lawyer practising in that jurisdiction.

Talk to us about your matter

At Best Criminal Lawyers Sydney, we’ve seen first-hand how quickly a stalking or intimidation allegation can escalate, and how much distress it can cause on both sides. If you’ve been charged with this offence, or you believe you’ve been the victim of this kind of conduct, our team can talk you through your options and what happens next. Get in touch with us for a confidential consultation about where you stand.

What Is Stalking or Intimidation Under NSW Law?

The offence itself sits in section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), formally described as stalking or intimidation with intent to cause fear of physical or mental harm.

Under this provision, someone who stalks or intimidates another person, intending to make that person fear physical or mental harm, commits an offence. If convicted, the court can impose up to five years’ imprisonment, a fine of 50 penalty units ($5,500), or a combination of both.

A few points are worth understanding about how this offence works in practice:

• It applies equally where the alleged victim is someone the accused has, or had, a domestic relationship with;
• A person is treated as “intending” to cause fear if they were aware their conduct was likely to have that effect; and
• The prosecution doesn’t need to prove the alleged victim actually experienced fear, only that the conduct was capable of causing it, with that intention behind it.

It’s also possible to be charged with attempting to commit this offence, which is treated the same way as the completed offence for sentencing purposes.

As with any criminal charge, the prosecution carries the burden of proving every element beyond a reasonable doubt before a person can be convicted.

How Does the Law Define Stalking?

Section 8 sets out that stalking can include:

• Following a person;
• Watching or loitering near someone’s home, workplace, or anywhere they regularly go for social or recreational reasons; or
• Contacting or approaching a person via the internet or other technology.

This means stalking isn’t limited to physical conduct; it extends to persistent contact made online, whether that’s through messaging apps, phone calls, email or social platforms.

How Does the Law Define Intimidation?

Section 7 defines intimidation to include:

• Conduct that amounts to harassment or molestation, including cyberbullying;
• Any approach by phone, text, email or other technology that causes someone to fear for their safety; or
• Conduct that leads a person to reasonably fear injury to themselves or a family member, violence, property damage, or harm to an animal in their possession.

When assessing whether particular conduct amounts to intimidation, a court can also take into account any broader pattern of violent behaviour, including a prior record of violence-related offending or any existing apprehended violence orders.

What Different Forms Can Stalking and Intimidation Take?

The legislation deliberately casts a wide net, recognising that this kind of offending can look very different from case to case.

Physical stalking or intimidation might involve repeatedly showing up at someone’s home or place of work, or approaching them in public after being told to stop. Remote or online conduct, on the other hand, doesn’t require any physical presence at all. Persistent calls, texts, emails, or social media messages sent after being asked to stop can all potentially meet the definition, depending on the full context.

Ultimately, what tips conduct into criminal territory comes down to intent, whether the person meant to cause fear or, in an intimidation case, whether their actions caused someone to reasonably fear injury, violence, or property damage.

Quick summary

Stalking and intimidation can happen in person or entirely online. Persistent calls, messages or emails after being asked to stop, threats of harm to a person or their family, and repeatedly showing up at someone’s home or workplace can all potentially amount to a criminal offence, depending on the circumstances.

What Does the Prosecution Need to Prove?

To secure a conviction under section 13, the prosecution must prove each of the following beyond a reasonable doubt.

Either:

1. You engaged in conduct that meets the legal definition of intimidation; and
2. You intended the other person to fear physical or mental harm;

Or:

1. You engaged in conduct that meets the legal definition of stalking; and
2. You intended the other person to fear physical or mental harm.

If we can show a genuine gap in any of these elements, that can form the basis of a strong defence, which is exactly the kind of detailed case-building we focus on at Best Criminal Lawyers Sydney.

What Penalties Apply to Stalking and Intimidation Offences?

While the legislation allows for a maximum of five years’ imprisonment and a $5,500 fine, courts have a wide range of sentencing options available, and imprisonment is far from the only outcome. Unless the offending is particularly serious, or the person has a significant history of similar conduct, courts generally look to impose a penalty that reflects the specific circumstances of the case rather than defaulting to full-time custody.

Depending on the facts, a court may consider:

• A section 10 or 10A outcome (no conviction recorded);
• Home detention;
• A suspended sentence;
• A Conditional Release Order (CRO);
• A Good Behaviour Bond;
• An Intensive Corrections Order (ICO);
• A Community Corrections Order (CCO); or
• A Community Service Order (CSO).

Most stalking and intimidation matters in NSW are heard in the Local Court, unless there’s a basis for the case to go before the District Court or Supreme Court. Courts are generally receptive to well-prepared submissions on sentencing, which is why it’s so important to have experienced criminal lawyers presenting your case and advocating for the most appropriate outcome available.

Talk to us about your defence

If you’re facing a stalking or intimidation charge, having the right legal team behind you can make a real difference to the outcome. We work with clients across Sydney to build a considered defence strategy and represent them at every stage of proceedings. Reach out to Best Criminal Lawyers Sydney today to discuss your matter and how we can help.

Disclaimer: The information on this page is general in nature and shouldn’t be treated as legal advice. Every case is assessed on its own facts, so we’d recommend speaking with one of our criminal lawyers directly to get advice specific to your situation.