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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:

  1. 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,
  1. 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
  1. 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:

  1. Self-defence
  2. Duress, and
  3. Necessity

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