Stalk/Intimidate Charges Withdrawn and No Conviction Recorded for Common Assault – Downing Centre Local Court

Background: Common Assault and Stalk/Intimidate Charges

Our client, a middle-aged man working in construction, was charged with multiple domestic violence offences in NSW.

The charges included:

• Common Assault – section 61 of the Crimes Act 1900 (NSW)
• Stalk/Intimidate – section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW)
• Stalk/Intimidate – section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW)

He had also been served with Apprehended Domestic Violence Orders.

The matter was listed before Downing Centre Local Court. From the outset, the client accepted responsibility for the Common Assault charge but strongly denied the two Stalk/Intimidate allegations.

This distinction became central to the defence strategy.

The Client’s Position From the Start

Common Assault Accepted, Stalk/Intimidate Denied

The client accepted that the Common Assault had occurred.

However, he maintained his innocence in relation to both Stalk/Intimidate charges and wanted to defend those allegations.

This was important because the Stalk/Intimidate charges carried serious consequences. A conviction for intimidation in a domestic violence context can have lasting impacts on employment, reputation, family arrangements and future dealings with the criminal justice system.

The client also made it clear that it was important for him not to be convicted of the Common Assault charge.

Avoiding a conviction would be difficult because the client had an existing criminal record. However, none of his previous matters were domestic violence related. That became an important factor at sentence.

The Charges Before the Court

Common Assault

Common Assault under section 61 of the Crimes Act 1900 (NSW) carries a maximum penalty of 5 years’ imprisonment and/or a fine of 50 penalty units.

Although Common Assault is often treated as less serious than charges involving injury, it is still taken seriously by the courts, especially where it is domestic violence related.

For more information on assault-related charges, see Australian Law Advocates’ page on assault offences in NSW.

Stalk/Intimidate

Stalk/Intimidate under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) carries a maximum penalty of 5 years’ imprisonment and/or a fine of 50 penalty units.

The offence requires the prosecution to prove conduct amounting to stalking or intimidation, together with the relevant intention. These charges often turn heavily on the specific facts, surrounding context, and whether the alleged conduct can properly meet the legal test.

The domestic violence law page explains how stalking and intimidation allegations are approached in NSW domestic violence matters.

Legal Strategy: Preparing for Hearing While Negotiating the Charges

Defending the Stalk/Intimidate Allegations

Australian Law Advocates prepared the client for the upcoming hearing.

The strategy was to defend the two Stalk/Intimidate charges while seeking to resolve the Common Assault charge in a way that protected the client from a conviction.

This required a careful review of the police evidence and a clear assessment of which parts of the prosecution case were weak.

The client’s position was not to deny everything. Instead, the strategy was precise: accept responsibility where appropriate, and firmly contest allegations that were not supported by the evidence.

This type of focused approach is often critical in domestic violence defence matters, especially where several charges arise from the same broader dispute.

Morning of Hearing: Stalk/Intimidate Charges Withdrawn

Weaknesses Raised With Police

On the morning of the hearing, Australian Law Advocates negotiated with police.

We highlighted the deficiencies in the prosecution case relating to the two Stalk/Intimidate charges.

As a result, police agreed to withdraw both Stalk/Intimidate charges.

This was a major turning point.

It meant the client no longer faced conviction for the more contested intimidation allegations and could proceed to sentence only on the Common Assault charge he had accepted responsibility for.

Similar negotiation strategies have led to strong outcomes in other Australian Law Advocates matters, including No Criminal Record After Serious Domestic Violence Charges Reduced – Waverley Local Court and Multiple Domestic Violence and Property Charges Defended Successfully in Burwood Local Court.

Sentencing: Seeking No Conviction for Common Assault

Key Sentencing Submissions

After the Stalk/Intimidate charges were withdrawn, the client pleaded guilty to the Common Assault charge and proceeded to sentence.

The defence submissions focused on several important matters:

• There had been a gap in offending
• The client’s previous criminal record did not involve domestic violence
• Domestic violence offending was out of character for him
• He had taken rehabilitative steps after the incident
• A conviction would be disproportionate in the circumstances

The existence of a prior criminal record made a non-conviction outcome more difficult. However, the fact that none of the previous offending was domestic violence related helped demonstrate that this matter was not part of an ongoing pattern of domestic violence behaviour.

Outcome: Conditional Release Order Without Conviction

The Court accepted the defence submissions.

✅ Both Stalk/Intimidate charges were withdrawn
✅ The client pleaded guilty to Common Assault only
✅ The client received a Conditional Release Order without conviction
✅ No criminal conviction was recorded for the Common Assault charge
✅ The client avoided convictions for the more serious and contested intimidation allegations

This was a strong result in circumstances where the client had a prior criminal record and had originally faced three domestic violence-related charges.

Why This Case Matters

This case shows why it is important to separate charges that can be properly accepted from charges that should be defended.

Had the client simply pleaded guilty to all three charges, he would have faced a far more serious sentencing outcome and a much greater risk of conviction.

Instead, Australian Law Advocates prepared the matter for hearing, identified deficiencies in the Stalk/Intimidate allegations, and negotiated the withdrawal of both charges on the morning of the hearing.

This significantly reduced the client’s exposure and allowed the Court to sentence him on a narrower and more accurate basis.

For further examples of successful domestic violence outcomes, see Australian Law Advocates’ domestic violence case results and broader criminal defence results.

Understanding Conditional Release Orders Without Conviction

Why a No-Conviction Outcome Matters

A Conditional Release Order without conviction allows the Court to impose a good behaviour order without recording a criminal conviction.

For clients facing domestic violence allegations, this can be especially important because a conviction can affect:

• Employment
• Licences and industry requirements
• Reputation
• Future court proceedings
• Travel
• Family arrangements

A non-conviction outcome is not automatic, particularly where a person has a prior criminal record. The Court must be persuaded that the circumstances justify leniency.

In this case, the withdrawal of the Stalk/Intimidate charges and the client’s rehabilitative steps were central to achieving that outcome.

Related Domestic Violence and Assault Case Results

These related Australian Law Advocates case studies may assist readers facing similar allegations:

• No Criminal Record After Serious Domestic Violence Charges Reduced – Waverley Local Court
• Multiple Domestic Violence and Property Charges Defended Successfully in Burwood Local Court
• All Charges Dismissed Under Section 14 – Intimidation and ADVO Breach – Windsor Local Court
• Not Guilty Verdict Secured in Domestic Violence Assault Case – Liverpool Local Court
• False Domestic Violence Assault Charge Dismissed and Legal Costs Awarded – Campbelltown Local Court
• Client Walks Free After Assault Charge Withdrawn in Downing Centre Local Court

Tayla’s Insight

“This case shows the value of narrowing the issues before sentence. By challenging the weak allegations and accepting responsibility only where appropriate, the client was placed in a far stronger position.”

Facing Common Assault or Stalk/Intimidate Charges in NSW?

If you have been charged with Common Assault, Stalk/Intimidate, or another domestic violence offence, early legal advice is essential.

The team at Australian Law Advocates regularly defends clients facing domestic violence charges in NSW and assault charges in Local Courts across NSW.

Book a free consultation to discuss your options.