Under s 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), it as an offence to stalk or intimidate another person with intent to cause fear of physical and mental harm.

The offence of “stalking or intimidation” is a broad provision designed to capture a wide range of conduct.


What is stalking or intimidation?

“Intimidation” means conduct amounting to harassment, or an approach made by a person (including by telephone, text message or email) that causes the person to fear for his or her safety, or any conduct that causes a reasonable apprehension of injury.

“Stalking” includes following someone, and watching or frequenting the vicinity of a person’s residence, workplace or place he or she goes to for social or leisure activities.

When determining whether a person’s conduct amounts to stalking or intimidation, the court may have regard to any pattern of violence, especially domestic violence, in the person’s behavior.


Actions that might constitute stalking

Actions that may be considered stalking include:

  • Following someone home.
  • Watching someone’s home or workplace.
  • Watching someone at a gym or school.


Actions that might constitute intimidation

Actions that may be considered intimidation include:

  • Calling or texting someone many times despite this contact being unwanted.
  • Threatening to hurt someone, kill someone, hurt their pet or damage their property.
  • Behaving in a way that is physically aggressive such that the other person fears physical harm.



If someone is found by a court to have engaged in a pattern of behavior that can reasonably be interpreted as amounting to stalking and/or intimidation, they may be found guilty of this offence.

The maximum penalty for stalking or intimidation is five years imprisonment, or a fine of $5,500, or both.

It should be noted that custodial sentences are not often given for this type of offending unless the circumstances are so serious as to demand a jail term, or if the offending happens in conjunction with other types of offending, such as breaching an apprehended violence order.



The prosecution will need to prove that the offender intended to cause a fear of harm in a person. It will not be enough for them show that the offender was simply reckless as to whether that behavior amounted to stalking or intimidation.

Notably, the prosecution does not need to prove that someone caused a fear of harm in a person, only that they intended to cause a fear of harm. The accused may be convicted regardless of whether their actions were successful in causing that fear of harm.


How can we help you?

Nyman Gibson Miralis provides expert advice and representation in cases involving stalking and intimidation.

Contact us if you require assistance.