Essential Elements of Criminal Offences

When an individual threatens or intimidates you, the last thing you are thinking of is filing criminal charges. As a matter of fact in most instances, the first thing on your mind is how to get away from such a person. It must be noted that certain threats and intimidation are considered to be serious criminal offences. This article will look at the ‘essential elements’ of two offences relating to threatening and intimidating someone.

It must be noted that certain threats and intimidation are considered to be serious criminal offences, and for each of these offences, it is necessary for the prosecution to prove certain matters beyond reasonable doubt. Such matters are called the ‘essential elements’ of an offence. Below are essential elements and maximum penalties of the most commonly charged offences involving threats and intimidation:

• Stalking or intimidation with the intent to cause fear or physical or mental harm - this offence is provided for under Section 13 of the Crimes Act 2007 NSW. The offence attracts a maximum penalty of five years imprisonment and/or $5500.

-the essential elements are:

For stalking:

(i)that you stalked another person, and

(ii)that through those actions, you intended the other person to fear physical or mental harm.

Stalking is the act of repeatedly following or otherwise harassing another person. Stalking in most cases involves a series or pattern of conduct which when taken together amounts to a form of harassment. Some examples of stalking include repeatedly showing up to places where the alleged victim is known to attend such as work, home or in some cases a social gathering. In addition, stalking can include the sending of gifts, emails or making calls after it has made clear that such course, gifts or emails are not welcome.

For intimidation:

(i)that you intimidated another person, and

(ii)that through those actions, you intended the other person to feel physical or mental harm.

Intimidation involves coercing someone into acting in a specific way. In intimidation the intended conduct can be an action, for example, agreeing to meet you or allowing the individual access into a premises. Further, it can be an omission, such as staying away from another person or place. Intimidation in most cases involves threats, however, words are not necessary and intimidation can occur through actions designed to pressure the victim into compliance. According to the legislation provided by the Crimes Act, it is said that the victim becomes fearful. The question is: ‘does the person actually have to be fearful?’ It must be noted that the person does not actually have to be in fear as a result of the perpetrator’s conduct. It is basically enough for the prosecution to prove that the perpetrator knew that his or her conduct was likely to cause fear in the other person.

• Section 61 of Crimes Act 1900 makes it an offence to put another person in fear of their immediate physical safety. The offence is called common assault in NSW and attracts two years imprisonment and $2200 fine. It occurs when the threat of harm is imminent including telephone threats.

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This article will look at the ‘essential elements’ of two offences relating to threatening and intimidating someone.