Stalk Or Intimidate – s 13 Crimes (Domestic and Personal Violence) Act 2007

Stalk and intimidation charges can result in criminal convictions recorded against your name restricting your career and travel plans for the future.

Our experienced Sydney team of criminal defence lawyers will provide realistic and practical advice on maximising your chances at getting the best possible outcome in proving your innocence in court, getting your charges dropped early, and achieving section 10 non convictions.

Call us now on (02) 8606 2218 to book a free first consultation with an experienced Criminal Defence Lawyer.

Your Options in Court

You can only be found guilty to the charge of stalk or intimidate if the police can prove, beyond reasonable doubt, each of the following:

  • You stalked a person, for example, you either followed, watched, frequented or approached the person’s home, workplace, or social or leisure activity; or
  • You intimidated a person, for example, where you harassed, molested, communicated by phone call, text message, email or social media, and
  • You knew or should have known that your conduct would cause the person to fear physical or mental harm

You will be found not guilty to this charge if police are unable to prove any one of the above elements of the offence.

There is no need for police to prove that the alleged victim actually fears physical or mental harm.

It is an offence even if you did not actually follow through with it, as you can still be guilty if it’s proven that you intended to commit the offence.

In deciding whether you should have known that your behaviour would cause the person fear, the court can look into any pattern of violence in your past behaviour with that person who you were in a domestic relationship with.

Defences to this charge

You will be found Not Guilty if any one of the following defences to the charge of stalking or intimidation apply to you.

  • Where you did not intend to, or did not believe it was likely that your conduct would cause fear to the person. For example, you never intended for the person to find out about your behaviour
  • Mistaken identity: where you were mistaken for being the perpetrator
  • Your conduct does not amount to behaviour that is likely to cause the person fear. The circumstances of the conduct must here be carefully looked into by an experienced defence lawyer
  • Duress or necessity

Our team of senior defence lawyers have a proven success record of getting stalk and intimidation charges dropped early, for over 20 years. For realistic and practical advice on your best defence and chances of getting this charge dropped early, speak to one of our senior lawyers now by calling (02) 8606 2218.

In the event you plead guilty to a charge of stalk and intimidate, below are important tips and information on how to best prepare your case to maximise your chances at avoiding a criminal conviction.

25% Discount on punishment

The earlier you plea guilty to a stalk or intimidation charge, the greater discount on your punishment the Judge will give, resulting in a more lenient and better outcome in court.

Pleading guilty at the earliest possible time, will get you a discount of up to 25% off your punishment. The Judge can also acknowledge it as a show of remorse and contrition allowing further discount. It’s critical to get experienced advice as early in your case as possible so that you don’t miss out on this opportunity in getting a better outcome, including section 10 non conviction.

Good character references

A well drafted good character reference can provide helpful insight to the Judge reading it about your good character, your remorse, contrition, and embarrassment. All this can allow the Judge to give you a more lenient punishment and better court outcome.

Our senior lawyers will guide you in the entire process to make sure each character reference letter is perfect before giving it to the Judge to read. You can get reference letters from your family, friend, charity, employer and even an apology letter from you expressing the same things. Getting a letter to express the effect of a conviction on your job can be compelling evidence in getting a section 10 non conviction.

Negotiate to drop charges

A stalk and intimidate charge can be dropped with the right strategic approach after a thorough analyses of the police evidence by pointing out all holes in it to the police. This is why it’s critical to get an experienced defence lawyer to realistically maximise your chances at success in getting charges dropped early.

Our senior defence lawyers have successfully convinced police to drop these charges on countless occasions for over 20 years. Speak to one of our senior lawyers now.

Negotiate facts

The police will draft a facts sheet expressing what you did and how you did it. They will try to give this to the Judge to read right before the Judge decides your punishment. The punishment will be based on many factors, including the things said in the facts. As it’s drafted by police, it is often not the truth, and one sided, painting you in the worst light, resulting in a heavier punishment. You can put a stop to this by acting early.

The facts sheet can and often do get changed to ensure it expresses the truth, painting you in a much better light resulting in a much better, lighter punishment and Court outcome. This is often achieved by our senior defence lawyers by pointing out all the inconsistencies in the police evidence.

Psychologist reports

A powerful court report from a highly experienced and respected psychologist or psychiatrist can significantly improve your chances at getting the best possible outcome, lenient punishment, including section 10 non conviction.

To get this effect, the report must be detailed, with a treatment plan, expressing whether you were suffering a mental condition at the time of your offence, your prospects of rehabilitation, remorse and contrition. These opinions by respected psychologist can allow the Judge to deal with you far more leniently. Speak to one of our senior lawyers to find out which one may be recommended for you.

Maximum penalty

The Judge can impose a maximum term of imprisonment of up to 5 years and/or a fine of up to $5,500 for a charge of stalk and intimidate. The maximum punishment is rarely ever given, and only given in the rarest of cases to the most serious offenders. There are many other options of punishment instead of prison, Including section 10 non conviction, see below.

Types of penalties

The Judge can give you any one of the following types of punishment. Which one you get depends on the way you prepare your case, as noted above.

  1. Section 10 Dismissal
  2. Conditional Release Order
  3. Fine
  4. Community Correction Order
  5. Intensive Correction Order
  6. Full Time Imprisonment

With over 20 years of experience and proven track record of success, our Sydney criminal defence lawyers will maximising your chances of getting your stalk and intimidation charge dropped early, and getting you a section 10 non conviction by powerfully preparation and presenting your case with strong and compelling submissions to the Judge.

Call us now on (02) 8606 2218 to book a free first consultation with an experienced Criminal Defence Lawyer.

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