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Stalking or Intimidating another person

Stalking or Intimidating another Person is an offence under Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that you:

  1. You stalked or intimidated another person, and
  2. You intended to cause the other person to fear physical or mental harm

‘Stalking’ includes:

  1. Following the other person about
  2. Watching or frequenting the person’s residence, work, business, or any place the other person frequents for social or leisure activities, and
  3. Contacting the other person through the internet or other technological means

‘Intimidation’ means:

  1. Conduct amounting to harassment or molestation
  2. Approaching the other person by any means including phone, SMS and email in order to make them fear for their safety
  3. Conduct causing the other person to apprehend violence or damage to themselves or their property, and
  4. Conduct causing a person with whom you have a domestic relationship to apprehend being injured

The prosecution does not need to prove the other person actually fear being harmed.

An intention to cause fear of harm means you knew your conduct was likely to cause harm.

An attempt to engage in the conduct is sufficient to establish the offence.

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