INTIMIDATION | SECTION 13 CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT
Stalking and 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 5 years or 50 penalty units, or both.
Intimidation is a serious indictable offence.
MEANING OF INTIMIDATION
Section 7 Crimes (Domestic and Personal Violence) Act 2007 provides the meaning of intimidation which states:
For the purposes of this Act, 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.
In determining whether a person’s conduct amounts to intimidation, a Court may have regard to any pattern of violence in the person’s behaviour.
If you have been charged with intimidation, the prosecution must prove beyond a reasonable doubt:
- You engaged in conduct amounting to intimidation, and
- You did so with the intention of causing the other person to fear physical or mental harm.
MEANING OF STALKING
- For the purposes of this Act, 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.
- For the purpose of determining whether a person's conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person's behaviour.
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 probably 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.
The above should not be treated as legal advice but general information.
For a free consultation with a Criminal Lawyer in Sydney, call AMA Legal on (02) 8610 3764.
