INTIMIDATION & STALKING | SECTION 13 CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT
INTIMIDATION
Intimidation is an offence under section 13(1) Crimes (Domestic and Personal Violence) Act 2007 which states:
A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.
Maximum penalty: Imprisonment for up to 5 years and/or fines of up to $5,500.
Intimidation is a serious indictable offence which the Police usually prosecute summarily in the NSW Local Courts.
WHAT CONSTITUTES INTIMIDATION?
Section 7 Crimes (Domestic and Personal Violence) Act 2007 provides the meaning of intimidation which states:
Intimidation of a person includes:
- conduct (including cyberbullying) amounting to harassment or molestation of the person, or
- an approach made to the person by any means that causes the person to fear for his or her safety, or
- any conduct that causes a reasonable apprehension of:
- injury to a person or to a person with whom he or she has a domestic relationship, or
- violence to any person, or
- damage to any person or property.
WHAT THE PROSECUTION NEEDS TO PROVE?
To secure a guilty verdict for intimidation, the prosecution must prove beyond a reasonable doubt:
- conduct amounting to intimidation, and
- carried out with the intention of causing the other person to fear physical or mental harm.
STALKING
Section 8 Crimes (Domestic and Personal Violence) Act 2007 provides the meaning of stalking which states:
Stalking includes the following:
- the following of a person about,
- the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity,
- contacting or otherwise approaching a person using the internet or any other technologically assisted means.
STANDARD OF PROOF
Section 141 Evidence Act 1995 states:
In criminal proceedings, all the elements of an offence must be proved beyond a reasonable doubt by the prosecution.
The Courts have held that the expression “proved beyond reasonable doubt” mean exactly what they say – proof beyond reasonable doubt.
This is the highest standard of proof known to the law. The test in a criminal case is not whether the accused is guilty. In a criminal case the prosecution must prove the accused’s guilt beyond reasonable doubt. A suspicion, even a strong suspicion, that the accused may be guilty is not enough. Further a decision that the accused has probably committed the offence also falls short of what is required to prove an offence beyond reasonable doubt.
For a consultation with a Criminal Lawyer, call AMA Legal on (02) 8610 3764.
