Stalking and intimidating, causing fear of physical or mental harm charge is popular with police. It captures a wide range of behaviour. In recent times we have seen increased incidences of spouses making up allegations of intimidation with the aim of having the police take out apprehended violence orders. This can lead to immeasurable stress and Apprehended Violence Orders that prevent fathers, mothers and children living together.
Fortunately, our criminal lawyers often can put the police to task in proving the offence of stalk/intimidate. Especially in circumstances where the only witness is the accuser or where there is a suspicion of collusion amongst prosecution witnesses. Our clients are frequently found not guilty of stalk/intimidate.
If you intend to plead guilty, our criminal lawyers have a proven track record of not only keeping our clients out of jail but also in some cases having no conviction recorded.
How do I beat a stalk and intimidate charge?
Pleading not guilty to stalking and intimidating
You will be found not guilty of the offence of Stalk/intimidate if the police cannot prove beyond reasonable doubt:
If intimidation is alleged, that you:
- Engaged in conduct amounting to harassment or molestation with the intention of causing the other person to fear physical or mental harm; or
- Made repeated telephone calls with the intention of causing the other person to fear physical or mental harm; or
- Any conduct that causes a reasonable apprehension of injury to a person or a person with whom he or she has a domestic relationship with the intention of causing the other person to fear physical or mental harm; or
- Any conduct that causes a reasonable apprehension of violence or damage to any person or property with intent to cause to cause physical or mental harm
If stalking is alleged, that you:
- Followed a person with the intention of causing the other person to fear physical or mental harm; or
- Watched or frequented the vicinity of, or approached the vicinity of a person’s residence, business, work or place the person frequents for the purposes of any social
The police are not required to prove that the person alleged to have been stalked or intimidated feared physical or mental harm. However, the police are required to establish that you intended to cause fear of physical or mental harm. You will intend to cause fear of physical or mental harm if you know that the conduct is likely to cause fear in the other person.
Pleading guilty to a charge of stalking and intimidating
If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
Stalk/intimidate carries a maximum penalty of two years imprisonment in the Local Court and five years imprisonment in the District Court. These penalties are typically reserved for the worst offenders. Our solicitors have a proven track record of keeping our clients out of jail. Also, depending on the seriousness of the allegation having the offence dealt with by way of section 10 of the Crimes (Sentencing Procedure) Act. This means no conviction will be recorded. There is no other penalty and you will have no criminal record. To find out more about a section 10, click here.
You can read about all the sentencing options that a court has, including having no conviction recorded.
Do I need references to beat a stalking and intimidating charge?
We believe references are an extremely important part of a plea of guilty in court. Find out more about how to write a good reference.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Stalk/intimidate offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.
Mr Correy represented a man charged with intimidation to cause fear of mental/physical harm. His wife gave evidence that our client threatened her life by saying “If you disappeared off the face of the earth tomorrow, the kids would not have to see your boyfriend again”. She conceded under cross examination that the Accused man said: “If you died of lung cancer, the kids won’t have to see your new boyfriend again”. The Magistrate found the client’s actual words provided a different context to the remarks and they were not threatening his wife’s life. The case was dismissed with the magistrate finding our client not guilty.
Australian Criminal Law Group represented a client charge with common assault, assault occasioning actual bodily harm, and intimidation. The allegation was that he hit his wife with a telephone and told her that he would kill her. As is not unusual in cases of this nature, the wife did not attend court. Our solicitor successfully argued that the adjournment application of the prosecution should be refused. The court could have no confidence that the wife would turn up to court at any time in the future. The magistrate agreed and dismissed the charge against our client.
Australian Criminal Law Group represented a man charged with threatening his wife in the immediate aftermath of their separation. The man admitted to the police that he had made the threat. Our solicitor successfully argued that the threat was out of character. Our client had lived an otherwise law-abiding life where he contributed to society. It was argued the threat occurred in the context of an extremely acrimonious separation that placed our client under great stress. The Magistrate accepted that our client should get a second chance and dismissed the offence under section 10, meaning our client had no criminal record.