Intimidation by Violence
Intimidation or Annoyance By Violence is an offence under Section 545B of the Crimes Act 1900 which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You used violence towards or intimidated another person, or their spouse, de facto partner, child or dependant, or you followed the person about from place to place, or you followed the person together with two or more others in or through any street, road or public place, or you hid any tools, clothes or property owned or used by the other person or deprived or hindered the other person’s use of them,
- You did so to compel the other person to do, or abstain from doing, any act which the other person was legally entitled to do or abstain from doing, and
- You had no legal authority to do so.
‘Intimidation’ is causing a reasonable apprehension of injury to a person, their spouse, de facto partner, child or dependant, or to the person’s property. It includes coercing the other person to terminate a pregnancy or to refrain from terminating a pregnancy.
‘Injury’ includes damage to a person’s property, business, occupation, employment or other source of income, as well as any other actionable wrong.
Defences to the charge include:
- Self-defence
- Duress, and
- Necessity
What Our Clients Say SEE ALL
-
★★★★★
Very proffesional approach
Quick shout out to Fahim from Sydney Criminal Lawyers. This guy means business and does…
-
★★★★★
Went above and beyond to secure a favourable outcome
Rasheen Mahmodian provided great legal advice and went above and beyond to secure a favourable…
-
★★★★★
The outcome was even better than expected
Karina Diec was absolutely amazing, could not fault her efforts, dedication, advice and just making…
-
★★★★★
Professional work ethic, and lovely to work with such nice and understanding lawyers
If you ever need a lawyer this is the best firm to go to, such…