Stalking or Intimidation

Stalking or intimidation in New South Wales is an offence under the Crimes (Domestic and Personal Violence) Act 2007.

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 a criminal offence.

It requires either an intention to cause the relevant fear or recklessness as to inducement of such fear in the mind of the complainant, but the degree of recklessness is that required at common law for the offence of murder (s13(3)) in that what is required is the appreciation of the likelihood (as opposed to a mere possibility) that fear will be induced.

Defences to stalking

There are a number of defences available for the charge of stalking and / or Intimidation. For example, a legal argument may be that there is a lack of evidence that all the elements of the offence can be proved beyond reasonable doubt. It may be argued that the accused did not have the necessary intent and did not intend to cause any fear of harm.

Another defence could be that the accused had a legitimate reason for the behaviour, such as working in the same location.

General criminal law defences may also apply and can include:

Necessity – where a person is compelled by a threat of danger to commit the offence; or

Duress – where a person commits the offence due to pressure or undue persuasion by another person.


Stalking or intimidation with intent to cause fear of physical or mental harm is a serious offence. If convicted, the maximum penalties are;

  • District Court: The maximum penalty is imprisonment for up to 5 years and/or a $5,500 fine.
  • Local Court: The maximum penalty is imprisonment for up to 2 years and/or a $5,500 fine.

Our award-winning criminal law team can assist if you have been charged with stalking or intimidation. We have the experience and expertise necessary to ensure you receive the best possible outcome – call our office on 02 4324 5688 to book a private and confidential discussion.

Send an online enquiry

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Areas Of Criminal Law

If you are in trouble with the police or face criminal charges, you need an expert criminal lawyer on your side. It is critical to get the right advice and representation without delay. We can provide immediate assistance to you, including if you are being held at the police station or currently in a detention centre or gaol.

Led by NSW Law Society Accredited Criminal Law Specialists, Manny Conditsis and Michal Mantaj, our team of criminal lawyers have over 150 years of combined experience helping clients facing criminal charges in New South Wales, including Newcastle, the Hunter and Lake Macquarie. We are widely regarded as one of the best Criminal Law teams in NSW.

As one of two Trial Advocates, Manny Conditsis has a greater than 90% success rate in jury trials and he and Michal Mantaj are among only a small number of Trial Advocates to appear in murder and other serious crime trials in the Supreme and High Courts. Both are regularly called upon by the media to comment on high profile cases and issues relating to criminal and traffic law due to their reputation for professional excellence in legal practice.

If you’re in trouble with the police, you need to speak with a criminal lawyer today. For the best criminal law advice contact the Conditsis team today. To find out more about our unrivalled experience and expertise, you can take a look at some of our landmark cases and recent news.

If you are in trouble with the police or face criminal charges, you need an expert criminal lawyer now so don’t delay. It is critical to get advice and representation immediately. Contact Us for expert legal advice.

  • Child Pornography
  • Child Abuse Material
  • What does consent mean in Sexual Assault allegations
  • Self Defence
  • Involuntaries / disassociation / automatism
  • necessity, duress, hones & reasonable mistake of fact
  • Indecency

Our Key People | Criminal Law

Manny Conditsis

Director | Senior Trial Advocate | Accredited Specialist Criminal Law

Michal Mantaj

Director | Senior Trial Advocate | Accredited Specialist Criminal Law