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

The maximum penalty of this offence is 5 years imprisonment and/or a $5,500 fine.

It is important to remember that maximum penalties are a guide, and are reserved for the most serious of offenders

Stalking is legislatively defined as:

1. The following another person about;

2. Watching or frequenting the vicinity of, or an approach to, a person’s home, business or work or any place that person frequents for the purpose of any social or leisure activity;

3. Contacting or approaching a person via the internet or other technological assisted means.

Intimidation includes:

1. Conduct amounting to harassment or molestation of a person (including cyber bullying)

2. An approach made to a person that causes them to cause fear for his or her safety (including via telephone, texting, emailing or other);

3. Conduct that causes a reasonable apprehension of injury, violence, damage to property or harm to an animal;

4. Conduct amounting to the coercion or deception of, or a threat to, a child to enter into a forces marriage.

The prosecution must prove beyond reasonable doubt the following elements:

1. You stalked or intimidated another person; and

2. You did so with the intention of causing that person to fear physical or mental harm.

Defences

1. False accusations were made against you;

2. The acts alleged do not amount to stalking or intimidation;

3. You had no intention to cause the person to fear physical or mental harm.

This matter will resolve in the Local Court.

‍25% Utilitarian Discount

‍You will receive a mandatory 25% discount on sentence upon entering an early plea of guilty.  If a plea of guilty is entered at a later stage, you may still receive some discount depending on the timing of the plea.

The offence of destroying or damaging property of another is found in section 195 Crimes Act 1900 (NSW).

The maximum penalty of this offence is 5 years imprisonment.

For the offence to be proven against you, the prosecution must prove beyond reasonable doubt the following elements:

1. You damaged or destroyed property;

2. That property belongs to another person (including shared property);

3. You did so intentionally or recklessly.

Defences

1. False accusations were made against you;

2. You didn’t destroy or damage the property;

3. The property belongs to you solely (and not the other person).

Where a person pleads guilty to an offence, the matter will finalise in the Local Court.

‍25% Utilitarian Discount

‍It is important to know that, when you enter a Plea of Guilty to the offence at the earliest opportunity, the court will reduce your penalty by 25% on sentence.

It is important to speak to our team who specialise in domestic violence to receive tailored advice to your particular criminal matter.