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Stalking and Intimidation
If you have been charged with Stalking or Intimidation under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), obtaining legal advice as early as possible is essential. A conviction can have serious consequences, including a criminal record, fines, community-based penalties or imprisonment.
At Istifan Defence Lawyers, we regularly represent clients charged with stalking and intimidation offences throughout New South Wales. Whether you intend to plead guilty or defend the allegations, we provide strategic advice and strong representation to achieve the best possible outcome.
What is the Offence?
Stalking or Intimidation is an offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
The offence makes it unlawful to stalk or intimidate another person. Contrary to popular belief, the offence does not require physical violence or physical injury. Conduct that causes another person to fear for their safety or wellbeing may be sufficient to constitute the offence.
Allegations commonly arise from:
- Relationship breakdowns.
- Domestic and family disputes.
- Neighbourhood disagreements.
- Workplace disputes.
- Repeated unwanted telephone calls or text messages.
- Persistent social media or online communication.
- Following or monitoring another person.
- Threatening or intimidating behaviour.
The offence is frequently charged in circumstances involving current or former partners and other people in close personal relationships.
Apprehended Violence Orders (AVOs)
In most cases, police will also apply for an Apprehended Violence Order (AVO) at the same time as laying a charge of stalking or intimidation.
Where the allegations involve a domestic relationship, police will usually seek an Apprehended Domestic Violence Order (ADVO). In other situations, they may apply for an Apprehended Personal Violence Order (APVO).
An AVO is a civil order designed to protect the alleged victim and is separate from the criminal charge. This means an AVO can remain in force even if the criminal charge is withdrawn or dismissed.
If an interim AVO is made, you must strictly comply with its conditions. Breaching an AVO is a separate criminal offence that can attract significant penalties, including imprisonment.
Maximum Penalties and Sentencing Options
The offence of Stalking or Intimidation under section 13 carries a maximum penalty of 5 years imprisonment and/or a fine of 50 penalty units.
The maximum penalty is reserved for the most serious cases. In determining the appropriate sentence, the Court will consider a range of factors, including:
- The nature and seriousness of the offending.
- Whether the conduct occurred over an extended period.
- The impact on the complainant.
- Whether threats or violence were involved.
- Whether the offence occurred in a domestic violence context.
- Your criminal history.
- Whether you entered an early plea of guilty.
- Your personal circumstances, remorse and prospects of rehabilitation.
Depending on the circumstances of your case, the Court may impose one of the following sentencing options:
- S10 (1) (a) Dismissal.
- Conditional Release Order (with or without conviction).
- Fine.
- Community Correction Order (CCO).
- Intensive Correction Order (ICO).
- Full-time imprisonment.
At Istifan Defence Lawyers we can prepare persuasive subjective material and submissions aimed at obtaining the most favourable sentencing outcome available.
Defences
Being charged with stalking or intimidation does not mean you will automatically be convicted.
Depending on the circumstances of your case, a number of defences or issues may arise, including but not limited to:
- The alleged conduct does not amount to stalking or intimidation.
- You did not intend on causing the other person fear of physical or mental harm.
- The prosecution cannot prove the offence (its elements) beyond reasonable doubt.
- The allegations are false.
At Istifan Defence Lawyers, we carefully examine every aspect of the prosecution case, identify weaknesses in the evidence and advise you on the strongest available defence.
Why Choose Istifan Defence Lawyers?
At Istifan Defence Lawyers, criminal law is our focus. Our principal Alex Istifa regularly appear in Local and District Courts throughout New South Wales and has extensive experience representing clients charged with assault, domestic violence and stalking-related offences.