Being accused of ‘intimidating’ another person can seriously impact your life and future, however our specialist criminal lawyers can help you take steps to ensure you get the best possible result in your case.
Often, the first step in getting a good result is to understand what the law says about the offence.
Section 545B of the Crimes Act deals with several actions which fall under the broad category of ‘intimidation.’
These actions include doing any of the following things to prevent someone from doing something which they are legally allowed to do, or to force someone to do something which they are not legally obliged to do:
- Using violence or intimidation towards another person or their family
- Causing injury to another person or their family
- Hiding tools, clothes or other property owned by another person, or hindering someone in their use of these items
- Following someone with two or more other persons in a disorderly manner through any street, road or public place.
‘Intimidation’ under the law means doing something which causes someone else to fear injury or violence to themselves or another person, or damage to property.
The legal meaning of ‘injury’ does not only refer to physical injuries, but also includes damage to a person’s property, business, occupation, employment or any other source of income.
This means that it can include threats or attempts to damage another person’s reputation or job.
‘Intimidation’ offences are dealt with in the Local Court, where the maximum penalty is 2 years imprisonment and/or a fine of $5,500.
However, these types of penalties will only apply in the most serious cases.
With the help of our highly experienced criminal defence team, you can avoid these harsh penalties.
Section 545B of the Crimes Act deals with the offence of ‘intimidation or annoyance by violence or otherwise’ and reads as follows:
545B Intimidation or annoyance by violence or otherwise
(a) 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
(b) in consequence of such other person having done any act which he had a legal right to do, or of his having abstained from doing any act which he had a legal right to abstain from doing, wrongfully and without legal authority:
(i) uses violence or intimidation to or toward such other person or his wife, child, dependant, or does any injury to him or to his wife, child, or dependant, or
(ii) follows such other person about from place to place, or
(iii) hides any tools, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use thereof, or
(v) follows such other person with two or more other persons in a disorderly manner in or through any street, road, or public place,
is liable, on conviction before the Local Court, to imprisonment for 2 years, or to a fine of 50 penalty units, or both.
(2) In this section:”Intimidation” means the causing of a reasonable apprehension of injury to a person or to any member of his family or to any of his dependants, 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 his property, business, occupation, employment, or other source of income, and also includes any actionable wrong of any nature.
At Sydney Criminal Lawyers®, we specialise exclusively in criminal law.
Our expert knowledge of criminal law, combined with our years of experience fighting some of the most complex criminal matters, gives our clients a cutting edge advantage when it comes to getting the best result in criminal cases.
Our lawyers are all highly-respected advocates who are renowned for their proven track record of winning criminal cases such as ‘intimidation’ cases.
Our senior defence team will be happy to provide advice about how you can fight the charges – for example, by raising a defence such as self-defence to show that you had a good reason for your actions.
Alternatively, if you wish to accept the charges and plead ‘guilty,’ we can help you avoid a harsh penalty by drawing attention to any factors which might reduce the seriousness of your actions, such as your prior good character and your lack of a prior criminal record.
So, for the best possible defence in your intimidation case, call our criminal law experts today on (02) 9261 8881 and book your FREE first appointment to discuss your case.