5.0
Out of 91 reviews
Section 13 the Crimes (Domestic and Personal Violence) Act 2007 provide an offence for a person to engage in Stalking or intimidation of another in a domestic relationship.
(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.
(2) For the purposes of this section, causing a person to fear physical or mental harm includes causing the person to fear physical or mental harm to another person with whom he or she has a domestic relationship.
(3) For the purposes of this section, a person intends to cause fear of physical or mental harm if he or she knows that the conduct is likely to cause fear in the other person.
(4) For the purposes of this section, the prosecution is not required to prove that the person alleged to have been stalked or intimidated, actually feared physical or mental harm.
(5) A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.
The maximum penalty for this offence is Imprisonment for 5 years or 50 penalty units, or both.
Section 8 of the Crimes (Domestic and Personal Violence) Act 2007 provides the definition of “stalking”:
(1) In this Act,
“stalking” includes the following–
(a) the following of a person about,
(b) 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,
(c) contacting or otherwise approaching a person using the internet or any other technologically assisted means.
(2) For the purpose of determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
Related Services
Section 7 the Crimes (Domestic and Personal Violence) Act 2007 provides the definition of “intimidation”:
(1) For the purposes of this Act,
“intimidation” of a person means–
(a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or
Note : An example of cyberbullying may be the bullying of a person by publication or transmission of offensive material over social media or via email.
(b) 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
(c) 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.
(2) For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
Section 8 of the Crimes (Domestic and Personal Violence) Act 2007 provides the definition of “stalking”:
(1) In this Act,
“stalking” includes the following–
(a) the following of a person about,
(b) 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,
(c) contacting or otherwise approaching a person using the internet or any other technologically assisted means.
(2) For the purpose of determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
Section 7 the Crimes (Domestic and Personal Violence) Act 2007 provides the definition of “intimidation”:
(1) For the purposes of this Act,
“intimidation” of a person means–
(a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or
Note : An example of cyberbullying may be the bullying of a person by publication or transmission of offensive material over social media or via email.
(b) 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
(c) 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.
(2) For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
Related Blogs
Our vision is to ensure everyone, regardless of their background, has their voice heard in Court. We do not tell our clients what they want to hear but what they need to hear. We pride ourselves on our responsive, honest, and professional representation. We will be your trusted advisors from the start until the end of your matter.
bettercalljohn tjslawyer
