In NSW, intimidation is an offence contrary to section 13(1) Crimes (Domestic and Personal Violence) Act 2007. In this blog, Penrith Criminal Lawyers | AMA Legal explore the elements of the offence, the Courts before which the offence is prosecuted and examine some sentence statistics for the offence.
Section 13(1) Crimes (Domestic and Personal Violence) Act 2007 creates the offence of intimidation and stalking which is punishable by imprisonment of up to 5 years.
Section 13(3) Crimes (Domestic and Personal Violence) Act 2007 creates the mental element of the offence.
Conduct amounting to intimidation is contained in section 7 Crimes (Domestic and Personal Violence) Act 2007 which includes:
a. conduct amounting to harassment or molestation of the person, or
b. an approach made to the person that causes the person to fear for his or her safety, or
c. conduct that causes a reasonable apprehension of:
-
- injury to the person, or
- violence to any person, or
- damage to property, or
- harm to an animal.
Criminal Solicitors Penrith, AMA Legal indicate that the prosecution need to prove the following elements:
- Does the conduct amount to intimidation as defined by section 7 of the Act, and
- Did the accused engage in such conduct with the intention of causing the other person to fear physical or mental harm.
By virtue of section 13(3) of the Act, a person will be taken to have such an intention if:
- they had an intention to cause fear of physical or mental harm or
- the accused knew that the conduct was likely to cause fear in the other person.
The Court
The offence is an indictable offence which is usually prosecuted summarily in the Local Court. The offence is usually categorised as either a personal violence offence or a domestic violence offence. The Director of Public Prosecution has a discretion to elect that the matter be prosecuted in the District Courts of NSW.
Statistics
JIRS data accessed by Penrith Criminal Lawyers | AMA Legal show that between October 2019 to September 2023, the NSW Local Court sentenced offenders as follows:
Domestic violence Personal violence
Penalty Type | Total | % | Penalty Type | Total | % |
Section 10(1)(a) Dismissal | 169 | 0.9 | Section 10(1)(a) Dismissal | 57 | 0.8 |
Section 10(1)(c) Discharge | 0 | 0 | Section 10(1)(c) Discharge | 0 | 0 |
Conditional Release Order without Conviction | 2,828 | 14.4 | Conditional Release Order without Conviction | 795 | 11.4 |
Section 10A – Conviction with no other Penalty | 125 | 0.6 | Section 10A – Conviction with no other Penalty | 71 | 1.0 |
Fine Only | 1,666 | 8.5 | Fine Only | 955 | 13.7 |
Conditional Release Order with Conviction | 1,467 | 7.5 | Conditional Release Order with Conviction | 475 | 6.8 |
Community Correction Order | 9,191 | 46.8 | Community Correction Order | 3,079 | 44.2 |
Intensive Correction Order | 1,592 | 8.1 | Intensive Correction Order | 551 | 7.9 |
Imprisonment | 2,608 | 13.3 | Imprisonment | 983 | 14.1 |
Total | 19,646 | 100 | Total | 6,966 | 100 |
Considering the maximum penalty of 5 years imprisonment and the facts that more than 20% of offenders (both domestic violence and personal violence) receive custodial sentences, Criminal Lawyers Penrith | AMA Legal stress the importance of legal advice.