Intimidation is a specific intent offence in New South Wales. Under section 7 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). A person commits the offence of intimidation if they intentionally cause another person to fear for their safety or the safety of someone else, and they do so with the specific intention of causing that fear.

The prosecution must prove beyond reasonable doubt that the conduct caused a person to fear for their safety or the safety of another and that the accused deliberately engaged in conduct to cause that fear. 

Intimidation includes any behaviour that causes a person to fear for their safety or the safety of another. This can include threatening someone with violence, harassing them or their family, repeated unwanted contact or messaging or aggressive approaches. 

It is not just about whether the conduct causes fear; it requires evidence that the conduct was undertaken deliberately and with the conscious purpose of causing a person to fear.

Intimidation of a person includes conduct amounting to harassment or molestation of a person, including cyberbullying or examples of conduct that may amount to harassment of a person. Examples of conduct that may amount to harassment include intentionally disclosing or threatening to disclose any of the following about a person without consent, including a person’s sexual orientation or gender history. Cyberbullying may include a person being bullied by the publication or transmission of offensive material over social media or email. 

Intimidation of a person also includes an approach to a person by telephone, text messages, emails, or other technological means that causes a person to fear for their safety or conduct that causes a reasonable apprehension of injury, violence, damage to property or harm to animals. 

To determine whether a person’s conduct is considered intimidation, a court may have regard to patterns of violence in the person’s behaviour, particularly violence relating to domestic violence offences. 

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.

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