A charge of Stalk or Intimidate with Intent to Cause Fear of Physical or Mental Harm arises out of section 13 of the Crimes (Domestic and Personal Violence) Act (NSW). This states: (1) 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. What is Stalk or Intimidate with Intent to Cause Fear of Physical or Mental Harm? For the offence of Stalk or Intimidate with Intent to Cause Fear of Physical or Mental Harm to have occurred the NSW Police have to prove: 1. Identity- that you were the person committing the following act/s: 2. Stalking – includes: the following of a person about, or 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 3. Intimidation – includes: conduct amounting to harassment or molestation of the person, or an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted 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 of violence or damage to any person or property. 4. Intention – you intended to cause the other person to fear physical or mental harm either to themselves or to a person they are in a domestic relationship with.
Posted on: Thu, 23 Oct 2014 10:28:16 +0000
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