Stalking Charges in New South Wales (NSW)

 What to Do Immediately if Accused of Stalking or Intimidation in NSW

If you or someone you know has been accused of a stalking offence in New South Wales, it can be a confronting and stressful experience.

It’s important to know that being accused does NOT equate to guilt. The legal system provides avenues to defend your rights and protect your future.

1. Get a Lawyer – Contact a criminal defence lawyer immediately to guide you through the process and protect your rights.

2. Avoid Contact with the Complainant – Don’t call, text, or message the person involved—any contact can worsen your situation.

3. Gather Evidence – Collect messages, receipts, or witness statements to support your defence.

4. Stay Silent with Police – Only provide your basic details; avoid making statements without legal advice.

5. Follow AVO or Court Orders – If an Apprehended Violence Order (AVO) is issued, comply with all conditions to avoid further charges.

If you are facing charges of unlawful stalking in NSW, it is crucial to seek expert legal advice due to the serious and complex nature of this legal matter.

 

Do not hesitate to contact Michael McMillan on (07) 5619 6860 or 0409 273 430 for legal advice & representation in court.

 

What is Stalking Under NSW Law?

Stalking is an offence under Section 8 of the Crimes (Domestic and Personal Violence) Act 2007.

The law defines stalking as a pattern of behaviour directed at another person with the intent to cause fear of mental or physical harm. This can include:

  • Following someone repeatedly.
  • Watching or visiting a person’s home, workplace, or leisure space without permission.
  • Sending unwanted gifts, letters, or repeated digital communications, such as texts or social media messages.
  • Using technology to monitor or contact the person, such as tracking apps or persistent online messaging.
  • These behaviours may seem harmless in isolation but are considered criminal if they cause fear or distress.

Stalking and intimidation are closely linked under NSW law. Both are covered under Section 13 of the Crimes (Domestic and Personal Violence) Act 2007, and they are often charged together since the behaviours can overlap.

 

Intimidation in NSW

The Crimes (Domestic and Personal Violence) Act 2007, Section 7 defines intimidation as engaging in conduct intended to cause another person to fear for their safety.

This can involve:

  • Harassment or molestation through persistent contact or offensive behaviour.
  • Threats made directly or indirectly, including over the phone or via email.
  • Cyberbullying, where offensive material is posted online or sent electronically.
  • Interfering with property or threatening someone with harm to their family members.

The law takes these behaviours seriously, especially in the context of domestic relationships where emotional manipulation and threats are common.

 

Penalties for Stalking and Intimidation in NSW

Stalking and intimidation are treated seriously under NSW law, with penalties varying based on the severity and the court where the case is heard:

  • District Court: Maximum 5 years imprisonment and/or a $11,100 fine.
  • Local Court: Maximum 2 years imprisonment and/or a $11,100 fine.

In addition to imprisonment, the court may impose other penalties, such as:

  • Section 10 – No conviction recorded.
  • Conditional Release Orders (CROs).
  • Community Corrections Orders.

 

Legal Defences to Stalking and Intimidation Charges

Several legal defences may apply, depending on the circumstances:

  • Lack of intent – You did not intend to cause fear or harm.
  • Legitimate purpose – Your contact was justified, such as needing to communicate due to shared childcare or work arrangements.
  • Duress or necessity – You acted under pressure or to avoid danger.
  • Insufficient evidence -The prosecution cannot prove all elements of the offence beyond a reasonable doubt.

If you believe the evidence against you is strong, pleading guilty may result in a reduced sentence. An early guilty plea can demonstrate remorse and lead to sentence discounts.

Your chosen criminal defence lawyer may also negotiate with the prosecution to reduce the charge or amend the facts presented to the court.

However, if the evidence is weak or your intent is misunderstood, fighting the charge may be your best option. Your lawyer will assess the case, challenge the evidence, and present any mitigating factors to the court to try and achieve the best outcome in your case.

 

How Sentencing is Decided for Stalking or Intimidation Offences

When the court decides on a penalty, it looks at two types of factors: objective factors (about the offence itself) and subjective factors (about the person accused).

 

Objective Factors (What Happened)

  • How often and how serious the behaviour was.
  • Was it planned or spontaneous?
  • Where it happened – in public or private (e.g., home or workplace).

 

Subjective Factors (About the Person Accused)

  • Criminal history – Have they been in trouble with the law before?
  • Remorse – Have they shown regret or tried to make amends?
  • Mental health – Were they struggling mentally when the offence happened?
  • Good character – Do they have positive character references?

The judge weighs both these factors to decide if the person should face jail time, fines, or a more lenient outcome like a Conditional Release Order or Section 10 (no conviction).

 

Get Expert Legal Representation

The offence of stalking, intimidation, harassment, and abuse is treated seriously under New South Wales law, reflecting the growing awareness of its impact on personal safety and community well-being.

With clear legal definitions and escalating penalties, courts aim to deter such behaviour and offer protection to victims. However, effective defence strategies provided by an expert criminal lawyer—based on the intent and context of the conduct—can influence sentencing outcomes.

If you are facing a stalking charge, prompt legal advice is essential. A well-prepared case can ensure that your rights are protected.

Contact Michael McMillan – Expert Criminal Defence Lawyer

If you require any assistance at all with a stalking charge, please do not hesitate to contact Michael on (07) 5619 6860 or 0409 273 430.