Stalking, Intimidation and Harassment Offences

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On 8 January 2019, reality television star Rob Kerr from the hit series Bondi Rescue was charged after allegedly sending his ex-girlfriend a succession of text messages threatening to harm her.

Mr Kerr, 51, was arrested at his home in the eastern suburbs of Sydney, accused of threatening to seriously harm and stalk his former partner, Malin Hylland, between 3 and 4 January.

The lifeguard, known to viewers as Kerrbox, was taken to Waverly Police Station, following which he was charged with stalking or intimidation with intent to cause fear of physical harm.

He was also hit with an apprehended domestic violence order.

It is believed Ms Hylland and the former professional surfer were together for three years and separated in 2018.

Mr Kerr became popular onscreen for his camaraderie with other cast members on Bondi Rescue and clocked up more than two decades as a professional lifeguard in the aftermath of his surfing career.

Kerr Appears in Court Frail

On 10 January, the former lifeguard appeared frail at his first attendance at Waverly Local Court.

He wore dark sunglasses and was edged by his legal team as he entered the court to answer police allegations of intimidating his ex-partner.

Along with his lawyers, he was also supported by a family member.

Ms Hylland also appeared at court, attending alone.

It is alleged that following the couple’s break-up in 2018, around 40 messages were sent over two days of 3 and 4 January.

Both the Bondi personality and his ex-partner refused to comment.

Kerr, who rose to prominence on the reality television show, is expected to return to court later this month.

Table Of Contents

What is “Intimidation” and “Harassment”?
What is “Stalking”? | Stalking Meaning
Is Stalking and Intimidation a Crime? | How To Prove You Are Being Stalked or Intimidated
Penalties for Stalking and Intimidation for Offenders
Examples of Stalking

What is “Intimidation” and “Harassment”?

Intimidation is defined within section 7 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) as any conduct (including cyberbullying) amounting to harassment or molestation of that person. Cyberbullying may include the bullying by publication or transmission of offensive material over social media or email.

Section 7 includes a number of non exhaustive examples of intimidation, including the following:

Intentionally disclosing or threatening to disclose (otherwise known as ‘outing’):
- The victims sexual orientation
- The victims gender history, which means disclosing or threatening to disclose that the information victims sex as recorded at birth is different to the sex the person identifies with, lives in or seeks to live in
- The fact that the victim has a variation of sex characteristics
- That the victim has HIV
- That the victim is or was a sex worker
An approach made towards the victim by any means (including telephone, text, email or any other technologically assisted means) hat causes the victim to fear for their safety.
Conduct that causes a reasonable apprehension of:
- Injury to the victim or any person they have a domestic relationship with
- Violence to any person
- Damage to property
- Harm to an animal belonging to or in the possession of the victim in or anyone the victim is n a domestic relationship with
Conduct amounting to the coercion or deception of or threat to a child to enter into a forced marriage under state or commonwealth laws.

The court is permitted to have regard to any pattern of violence in the accused’s behaviour when determining if conduct amounts to intimidation.

Meaning of “Domestic Relationship”

A domestic relationship exists between a person and another person if the person:

Is or has been married to the other person, or
Is or has been a de facto partner of that other person, or
has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or
Is living or has lived in the same household as the other person, or
Is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person, or
Has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person, or
Is or has been a relative of the other person, or
In the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system

What is “Stalking”? | Stalking Meaning

Stalking is defined in section 8 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and includes any of the following examples of stalking:

Following the victim
Watching or frequenting of the vicinity of, or an approach to, the victim’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity,
Monitoring or tracking of a victim’s activities, using technology or otherwise, and irrespective of whether contact is made
Contacting or otherwise approaching the victim using the internet or any other technologically assisted means

The court is permitted to have regard to any pattern of violence in the accused’s behaviour when determining of conduct amounts to stalking.

As technology advances in the modern world and society becomes increasingly aware of the various forms of abuse which can occur in intimate relationships, criminal laws are amended. The aim is to reflect these changes, both in technology and social attitudes, and appropriately criminalise a broader range of behaviours.

The amended definition of stalking and intimidation in NSW is just one example of a change to the criminal law which aims to capture and criminalise behaviours which have been deemed as sufficiently harmful according to modern day expectations of socially acceptable behaviour.

The Crimes (Domestic and Personal Violence) Amendment Bill 2018 amended the definition of stalking “to provide that stalking may include conduct that involves contacting or otherwise approaching another person using the internet or any other technologically assisted means.” Prior to this amendment, it was only psychical stalking which was criminalised.

The Equality Legislation Amendment (LGBTIQA+) Bill 2024 amongst other things, amended the definition of intimidation to include actual or threatened outing without consent any of the following: sexual orientation, gender history, variation of sex characteristics, HIV status, or current or former sex worker status

Is Stalking and Intimidation a Crime? | How To Prove You Are Being Stalked or Intimidated

It is illegal to stalk or intimidate a person if it is done with the intention to cause fear. To be guilty of stalking or intimidating in New South Wales, the prosecution is required to prove the following two main elements beyond reasonable doubt:

You “Stalked” or “Intimidated” another person; and
You “intended” to cause the victim to fear physical or mental harm, or you knew that your conduct was likely to cause such fear.

Where an accused person doesn’t expressly admit that he/she “intended” to cause the victim to have the requisite fear at the time of his/her actions, the court often turns to consider the surrounding evidential circumstances of the case to determine if it allows for an inference to be made as to his/her state of mind (the inference must be the only rational inference available).

A person accused of stalking or intimidating under section 13 Crimes (Domestic and Personal Violence) Act 2007 (NSW) can be guilty even if the victim did not fear physical or mental harm from the offending conduct.

For an outline on what a domestic relationship is, see our previous blog on the law on stalking and intimidating charges.

Penalties for Stalking and Intimidation for Offenders

The offence of stalking or intimidation pursuant to section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) carries a penalty of up to 5 years imprisonment and/or a fine of up to $5,500. The same penalty applies for attempting to commit this offence.

Examples of Stalking

NSW Police advise that stalking can involve threats or sexual innuendo. It includes situations where the stalker generally attempts to intimidate or induce fear in the person he/she are stalking.

The person being stalked may only realise he/she is being stalked once he/she identifies a pattern of unusual or suspicious incidents occurring.

Some examples of stalking include:

Verbally threatening somebody in person
Sending a person repeated or unwanted phone text messages or Facebook messages
Watching a person’s house
Recurrently phoning a person at their workplace
Continuously turning up at a person’s gym
Leaving strange or unwanted gifts at someone’s home
Continually staring or gesturing.

Often, the person being stalked can develop a sense of a loss of control over his/her life and can ultimately be forced into changing his/her routine, movements and behaviours.

According to recommendations from NSW Police, victims of stalking need to understand that they are not responsible for the behaviours of the stalker and that they should not be blamed in any way.

By Jimmy Singh.

Published on 15/01/2019