Stalk/Intimidate Charge Defended, Found Not Guilty

BO was charged with ‘Stalk/intimidate intending to cause fear of physical etc. harm’, contrary to section 13(1) Crimes (Domestic and Personal Violence) Act 2007 after his neighbour made a complaint of being threatened to be bashed with a hockey stick and allegedly BO swung a hockey stick towards him.

BO pleaded ‘not guilty’ and the matter proceeded to Hearing. James Castillo acted for BO at his Hearing. The Prosecution called evidence from the officer-in-charge, the complainant and BO’s partner. The Defence did not call evidence. Ultimately, the Presiding Magistrate was not satisfied beyond reasonable doubt of the allegation and found BO ‘not guilty’ of the offence.

5 Convictions and a Breach, Aggregate Sentence Imposed

MT pleaded guilty to five charges namely, 2x ‘Stalk/Intimidate with intent to cause fear’ contrary to section 13 Crimes (Domestic and Personal Violence) Act 2007, ‘Destroy/damage property by fire with intent to injure’ contrary to section 196(1)(b) Crimes Act 1900, ‘Escape lawful custody’ contrary to section 310D Crimes Act 1900 and, ‘Contravene AVO’ contrary to section 14 Crimes (Domestic and Personal Violence) Act 2007. On top of that, MT breached a Community Corrections Order for a prior offence.

Chris Cole represented MT in mitigation plea. Her Honour determined that all of the offences fell at the middle range of objective seriousness. She found MT’s prospects of rehabilitation as limited. The matter was not elected to the District Court. Each offence carries the maximum penalty of 2 years imprisonment. The maximum aggregate sentence the Local Court impose is 5 years. Taking early plea into consideration, Her Honour gave MT 25% discount on his sentence. Her Honour imposed indicative sentences for each of the offence and imposed an aggregate sentence for all of them. Ultimately, MT received an aggregate sentence of 3 years and 4 months.

Given all the circumstances and the nature of the charges, MT received a good result.