The offence of intimidation or annoyance by violence or otherwise is set out in section 545B of the Crimes Act 1900 (NSW). The offence occurs where a person uses violence, intimidation, follows a person, or interferes with another person’s property to compel them to do, or refrain from doing, something they are legally entitled to.

Elements

A person commits an offence if whosoever with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, or in consequence of such other person having done any act which the other person had a legal right to do or having abstained from doing any act which that other person had a legal right to abstain from doing, wrongfully and without legal authority:

• uses violence or intimidation to or toward such other person or that other person’s spouse, de facto partner, child, or dependant, or does any injury to that other person or to that other person’s spouse, de facto partner, child, or dependant, or
• follows such other person about from place to place, or
• hides any tools, clothes, or other property owned or used by such other person, or deprives that other person of or hinders that other person in the use thereof, or
• follows such other person with two or more other persons in a disorderly manner in or through any street, road, or public place

Penalties

Penalties include imprisonment for two years or a fine of 50 penalty units, or both.

Definitions

Intimidation means the causing of a reasonable apprehension of injury to a person or to the person’s spouse, de facto partner, child or dependant, or of violence or damage to any person or property, and intimidate has a corresponding meaning.

Injury includes any injury to a person in respect of the person’s property, business, occupation, employment, or other source of income, and also includes any actionable wrong of any nature.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

See author's posts