Our client, Larry*, faced serious stalking and intimidation charges. Therefore, he came to our Sydney firm for legal representation. Our criminal lawyers have years of experience representing clients charged with stalking and intimidation. Let’s review what happened in this matter.

What did police charge Larry with?

Police accused Larry of two counts of stalking and intimidating with the intent to cause fear of physical harm. These charges fall under section 13 of the Crimes (Domestic and Personal Violence) Act 2007.

Additionally, police charged him with refusing or failing to comply with a direction order. This falls under Part 14 of the Law Enforcement (Powers and Responsibilities) Act 2002. Specifically, police gave him a “move on” direction under section 199(1). Furthermore, Larry faced accusations of destroying or damaging property under section 195(1)(A) of the Crimes Act 2000.

Stalking and intimidation charges

One evening in late October*, police approached Larry in Sydney’s bustling CBD area. They investigated allegations that Larry was behaving aggressively and intimidating retail workers. Officers directed him to move on from the area.

So, Larry complied with these orders and started walking towards the train station. However, due to a health concern, Larry needed to stop briefly. The police, interpreting this as non-compliance with the move-on direction, arrested him. Then, officers took him to the police station where he was held overnight.

Read our other criminal case studies. 

Pleading not guilty to stalking and intimidation charges

Our firm, O’Brien Solicitors, represented him. After receiving our counsel, Larry pled not guilty to all charges. We diligently prepared for the contested hearing, gathering evidence and interviewing witnesses*. We aimed to demonstrate Larry’s innocence and the flaws in the prosecution’s case.

During the hearing, we presented a robust defense. We highlighted Larry’s compliance with the police direction until health issues forced him to stop. Additionally, we argued that there was no solid evidence of Larry’s intent to cause fear or harm. Furthermore, we questioned the validity of the property damage allegations, pointing out the lack of concrete evidence.

The Magistrate reviewed all evidence and testimonies. The prosecution failed to discharge their burden beyond a reasonable doubt. Therefore, the court found Larry not guilty of all charges. Larry was acquitted and relieved of the severe accusations. Does Larry have a civil claim? 

Criminal Lawyer for stalking charges

Our firm is now investigating a potential civil claim concerning the move-on direction given to Larry. No other law firm has taken more actions against the police in Australia. Read our civil law Case Studies here.

This case underscores the importance of a thorough defense and the need to challenge the prosecution’s evidence at every turn.

If you face similar charges or need legal advice, contact O’Brien Criminal and Civil Solicitors. Enquire online by emailing . Or call us at (02) 9261 4281. We can also set up a free appointment* with our civil lawyers in our Sydney office.

*Some details have been changed to protect our client’s identity.