Stalking or Intimidation Offences (NSW)

What is “Stalking”?

Stalking is defined in section 8 of the Act and may include:

• Following a person
• Watching or frequenting the vicinity of a person’s home, workplace, or social locations
• Monitoring or tracking a person’s movements or communications (including through technology)
• Contacting or approaching a person via the internet, phone, social media, or other electronic means

The court may also consider any pattern of behaviour when assessing whether conduct amounts to stalking.

What is “Intimidation”?

Intimidation includes conduct that causes a person to reasonably fear physical or mental harm. It can involve:

• Threatening behaviour
• Harassment
• Repeated unwanted contact
• Conduct designed to control, pressure, or alarm another person

In many cases, these charges arise in the context of relationship breakdowns or domestic disputes.

Penalties & Court Process for Stalking or Intimidation (NSW)

Maximum Penalty

Stalking or intimidation carries a maximum penalty of:

5 years imprisonment and/or a $5,500 fine.

The offence is classified as a Table 2 offence, meaning it is usually dealt with in the Local Court, unless the prosecution elects to have the matter heard in the District Court.

In practice, the vast majority of matters remain in the Local Court.
When dealt with in the Local Court, the maximum penalty for a single offence is:

• 2 years imprisonment, and/or
• $5,500 fine

Imprisonment is not the only possible outcome.

Depending on the circumstances of the case, the court may impose:

• Section 10(1)(a) dismissal (no conviction recorded)
• Conditional Release Order (CRO) without conviction
• Conditional Release Order with conviction
• Fine
• Community Corrections Order (CCO)
• Intensive Corrections Order (ICO)
• Full-time imprisonment

The appropriate outcome will depend on the seriousness of the conduct, your criminal history, and the strength of your subjective material.

What does “Domestic Violence-related” mean? 

The offence will be considered domestic violence-related if the complainant is someone in a domestic relationship with you, including:

• A current or former partner
• A family member
• A person you live with or previously lived with
• A person in an intimate relationship with you

Where a matter is domestic violence-related, it may also involve an Apprehended Domestic Violence Order (ADVO), which can impact:

• Bail
• Contact with children
• Living arrangements
• Firearms licences
• Employment

What the Prosecution Must Prove for a Stalking & Intimidation Charge? 

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You engaged in conduct amounting to stalking or intimidation; and
2. You intended to cause the other person to fear physical or mental harm.

The intention element is critical. The court may find intention if it is satisfied that you knew your conduct was likely to cause fear.

Factors That Influence Sentence

When determining penalty, the court must consider aggravating and mitigating factors.

Aggravating Factors May Include:

• Serious threats (e.g., threats to kill or cause serious injury)
• Conduct occurring at the complainant’s home
• Breaching an existing ADVO
• Prior convictions
• Acting in company
• A pattern of behaviour

Mitigating Factors May Include:

• Early plea of guilty
• Genuine remorse
• Cooperation with police
• Good character references
• Low risk of re-offending
• Mental health considerations
• Steps taken towards rehabilitation

Strong preparation and careful presentation of your circumstances can significantly influence the outcome.

Defence Strategies for Stalking & Intimidation Charges 

Every case turns on its facts.

Common defence arguments include:

• The conduct did not amount to stalking or intimidation
• There was no intention to cause fear
• The allegations are false or exaggerated
• Self-defence
• Mistaken identity
• The complainant’s evidence is unreliable

In many cases, digital evidence is critical. This may include:

• Text messages
• Social media communications
• Call logs
• CCTV footage
• Location data

A careful review of the evidence can expose inconsistencies or weaknesses in the prosecution case.

What is the Court Process for Stalking & Intimidation Charges

First Court Date

At your first mention in the Local Court, you will be required to enter a plea:

• Guilty, or
• Not Guilty

If You Plead Guilty

In many cases, sentencing can proceed on the same day.
Alternatively, the matter may be adjourned to allow time to prepare character references, apology letters, counselling evidence, or other material.

If You Plead Not Guilty

Police will serve a brief of evidence, which may include:

• Statements from the complainant
• Police statements
• Witness statements
• Body-worn camera footage
• CCTV
• Photographs
• Phone and digital evidence

The matter will then be listed for a defended hearing, where a Magistrate will determine whether the prosecution has proven the case beyond reasonable doubt.

If the matter is domestic violence-related, it may be fast-tracked for hearing.

Many matters resolve before hearing through negotiation or careful case preparation.

Why Early Legal Advice Matters

Early legal advice can significantly impact the direction of your case.

If you have been charged, you should:

• Write down your version of events immediately
• Preserve text messages and call logs
• Save any CCTV or digital evidence
• Avoid discussing the matter with others
• Obtain legal advice before your first court date

Delay can result in lost evidence and missed strategic opportunities.

Should I speak to police before getting a lawyer?

Will I get a criminal record if convicted of stalking and intimidation

Not necessarily. Depending on the circumstances, the court may impose:

• A Section 10 dismissal (no conviction), or
• A Conditional Release Order without conviction.

Each case depends on its facts and your personal circumstances.

Can the charge be withdrawn?

 Yes, in some cases. Charges may be withdrawn where:

• There are weaknesses in the evidence
• The complainant does not wish to proceed
• Representations to police are successful

Early legal advice increases the likelihood of strategic resolution.

Should I Plead Guilty or Not Guilty to a Stalking or Intimidation Charge?