Intimidation and stalking comes under domestic violence offences. There are numerous short codes, which depicts the nature of the criminal offence. Section 13 of the Crimes [Domestic and Personal Violence] Act)
The court and the law enforcement officers will be looking into these codes in order to find out the exact offence committed by the offender. There are many kinds of classifications for the offences of this nature and we will look into some of them in the following sections. Someone can stalk or intimidate you with the intention of causing physical or mental harm. The law has distinct rulings for the offenders who attempted to stalk.
If convicted, the court might want a five-year sentence for the offender. At times, the same offender will have to pay a minimum of $5500 as a penalty for the crime. Please bear in mind that the exact terms and conditions vary depending upon the severity of the offence.
In Australia, there exists a wide disparity between the laws enforced in various states for the same offence. The first-time offenders usually get to enjoy lenient sentences because the local courts will be looking into their cases.
For instance, it is quite common for the first-time offender to get a good behaviour bond for 12 months. You should understand that trying to disrupt the good behaviour bond would only result in incurring additional wrath from the court.
At times, the same set of legal claims gets the attention of the district court. The scenario can take a turn for the worse for the offender then. The offender might get access to suspended sentences with supervision because of the crimes (sentencing procedure) act. Conviction process is simple for the law enforcement officers. They have to prove that the offender intended to stalk or intimidate the defender.
Watching a person or following them in close vicinity near their places of residence or work is more than ample for the law enforcement officials to intervene. The intention to cause bodily harm can only help in sealing the deal for the offender.
The clauses that exist for intimidation differ from that of stalking. Some form of harassment or molestation attempt must happen so that the law enforcement officials can the offender. Something as trivial as disturbing someone with repeated telephone calls will also come under the same category of offence.
The court will also consider seriously the damage to the property incurred because of intimidation. As always, the other party can challenge the legal claim. They can cite that the intimidation or stalking was not intentional by any means. Human beings act in real manners when they are under duress. Sometimes it could be a necessity that forced the offender to stalk or intimidate.
The court can also accept self-defence as one of the reasons for stalking or intimidating. It is not wise to get the offence recorded through the legal channels.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.