The act of intimidation forms part of many criminal offences in NSW, and indeed across Australia.
Some of the many offences containing the word intimidation, intimidatory, intimidates or intimidate appear are:
Crimes Act 1900 (NSW)
Section 12 – Compassing deposition of sovereign
Section 60 – Assaults etc against police officers
Section 60A – Assaults etc against other law enforcement officers
Section 60B – Assaults etc against those connected with law enforcement officers
Section 60C – Obtaining the personal information of law enforcement officers
Section 60E – Assaults etc at schools
Section 315 – Hindering investigation
Section 322 – Threatening or intimidating judges, witnesses or jurors
Section 545B – Intimidation or annoyance by violence
Section 545C – Knowingly joining or continuing in an unlawful assembly
The word ‘intimidatory’ is also contained in the definition of consent in section 61HE of the Act, which applies to sexual offences.
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Section 13 – Stalking or intimidation with intent to cause fear of physical or mental harm
Section 36 of the Act makes it mandatory for apprehended violence orders to contain a prohibition against ‘intimidating the protected person’.
Criminal Code Act 1995 (Cth)
Section 83.4 – Interfering with political rights and duties
Section 149.1 – Obstructing Commonwealth public officials
Section 268.25 – International war crime of torture
Section 268.73 – Domestic war crime of torture
Section 274.2 – Torture
But what is ‘intimidation’?
Definition of intimidation in the criminal law
Section 7 of the Crimes (Domestic and Personal Violence) Act 2007 defines intimidation as follows:
(a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or
(b) an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or
(c) any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or of violence or damage to any person or property.
(2) For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
In the context of the offence of ‘intimidation or annoyance’, section 545B(3) of the Crimes Act 1900 explains that:
‘Intimidation’ means the causing of a reasonable apprehension of injury to a person or to the person’s spouse, de facto partner, child or dependant, or of violence or damage to any person or property.
So in a nutshell, intimidation is conduct that causes another person to fear for their own safety, or that of a family member, or to apprehend damage to their property.