Stalking / Intimidation with intent to cause fear of physical or mental harm.
The offence of stalking or intimidation with intent to cause fear of physical or mental harm generally occurs in the context of domestic relationships. It is designed to ensure that a person is protected from abusive, controlling and sometimes manipulative behaviours of others.
Commonly, these offences occur at the end of a relationship when one party may be angry and emotionally distressed. However, this is not always the case. If you are charged with this offence, it is important to determine all the facts so that strategies for your defence can be identified. An experienced criminal defence lawyer will guide you through the process and outline the options available to you.
What is the offence?
“A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.”
What are the applicable penalties?
In the Local Court, the maximum penalty is 2 years imprisonment and a fine of $5,500. In the District Court, the maximum penalty is 5 years imprisonment and a fine of $5,500.
What must the prosecution prove?
The prosecution must prove beyond reasonable doubt that the accused had:
- Intention to cause fear of physical or mental harm and;
- That their behaviour(s) committed or attempted to constitute stalking or intimidation.
It is important to note that it need not be proven that the victim actually felt fear of physical or mental harm. You can still be convicted in the absence of such a finding, provided it is proven that you intended to cause fear of physical or mental harm.
What if I plead guilty?
If you plead guilty, you will be sentenced accordingly. The Magistrate or Judge will look at the unique circumstances of your case and your personal profile (e.g. history of offending, employment) in arriving at an appropriate sentence. Early guilty pleas entered will attract a discount on sentencing.
What sentencing options are available?
- Custodial sentence (jail): While the Courts view this as a last resort, it is available
- Intensive Corrections Order (ICO): The Court has determined that a jail term is appropriate. However, it has elected that you serve your sentence in the community. An assessment report from Corrective Services to determine your suitability is required before you are sentenced to an ICO. You may be required to comply with conditions such as mandatory counselling, treatment and abstinence from alcohol (where applicable);
- Community Corrections Order (CCO): A sentence to be served within the community may be imposed as an alternative to imprisonment. The standard conditions not to commit further offences and to report to the Court when called to do so are applicable. In addition, the Court can impose other conditions such as non-association or supervision conditions.
- Conditional Release Order (CRO) (with or without conviction): Similar to previous good behaviour bonds, the Court requires you to not commit further offences for a period set by the Court, as well as to report to the Court at any time during the CRO. A CRO may be given with or without a conviction, meaning with or without a conviction to appear on your criminal record.
- Fine: The Court can fine you a sum of money regarding your personal financial circumstances.
What if I plead not guilty?
If you plead not guilty, your defence representative may make legal arguments to the effect that your conduct did not amount to a stalking/intimidation offence. A disputed facts hearing may also take place in contention of the facts put forward by the Police officers that charged you.
What defences are available?
The following defences may be available to you:
- No intent (that you did not intend to cause fear of physical or mental harm);
- Necessity (that you committed the offence out of necessity);
- Self-defence (that you committed the offence in self-defence)
- Duress (that you were forced to commit the offence).
What does “intimidation” mean?
Intimidation is defined under Section 7 Crimes (Domestic and Personal Violence) Act. Intimidation involves:
- Acting in a way that amounts to harassment or molestation; or
- Approaching someone in a way that causes fear of safety (this involves approaching someone by texting, calling, emailing or other technologically means); or
- Doing something that causes ‘reasonable apprehension’ of injury, violence or damage to someone or that person’s property.
Intimidation can occur through either words or actions. Intimidation often involves threats that result in fear for safety or violence or even an attempt to pressure another person to do a certain act that causes fear of violence or harassment.
Examples of “intimidation.”
- Making conditional threats to someone (e.g. “if you don’t do X, I will do Y”)
- Loitering around someone’s house such that it causes a reasonable apprehension of violence or damage to their person or property;
- Being overbearing by SMS causes the other person to fear for their safety;
- Following the other person.
What does “stalking” mean?
Stalking is defined under section 8 of the Crimes (Domestic and Personal Violence) Act 2007. Stalking involves:
- Following a person; or watching a person, or approaching a person;
- at their place of residence, business or work, or at a place that a person frequents for the purposes of any social or leisure activity.
The essence of stalking is repeated activity by a person which is persistent and controlling against another person. The victim may feel overpowered and overwhelmed by the stalker’s actions and feel a loss of control.
Examples of “stalking.”
- Constant phone calls and/or text messages;
- Leaving notes daily on the other person’s doorstep;
- Sending unwanted gifts;
- Following them from a car
- Spying on someone.
We can help
As with any legal matter, the devil is in the details. With your defence representative, we closely scrutinise all the relevant facts of your case and formulate the best way forward. Your prospects of a fair and just outcome are increased with strong legal representation.
Fourtree Lawyers have extensive experience assisting clients on the Central Coast with matters related to Stalk/Intimidation. Our lawyers can explain and guide you through the entire Court process and work with you to minimise the legal ramifications of your offence. Instructing a lawyer to act on your behalf will ensure you fully understand your position and your options. It will assist you in getting the best possible results for your particular case.
Contact our Central Coast Lawyers on 1300 529 444 as soon as possible. The earlier we can start building a strong case for you, the higher your chance of getting a good outcome.
More reading -
Oct 14, 2020
I couldn’t recommend Fourtree Lawyers more. My lawyer Denise was available to contact 24/7 and helped me throughout the whole legal journey. The professionalism and thoroughness I experienced was immaculate from reception staff to lawyers making the whole process an ease.
Oct 30, 2025
Sep 17, 2025
In my time of need, Fourtree Lawyers managed my matter with the utmost professionalism and tact. I didn’t know what I didn’t know, or even where to begin, but they took the time to explain my situation in a way I could clearly understand. They laid out all of my options, giving me the knowledge and confidence to make informed decisions that helped to turn a very ... difficult situation around. By following the advice of Fourtree Lawyers and their dedicated team, the outcome I received was far better than I had hoped for. They went above and beyond for me, and I will always be grateful. Thank you, Fourtree Lawyers, from the bottom of my heart. Adam read more
Aug 16, 2025
Was very pleased and found that they were very professional and were very good help !
Aug 7, 2025
We cannot thank Denise McCarthy enough for her outstanding support and guidance throughout our case involving logbook offences. From the beginning, she was professional, knowledgeable, and genuinely committed to helping us achieve the best possible outcome. Denise made the whole process far less stressful by clearly explaining everything, keeping us informed, and... advocating strongly on our behalf. Thanks to her hard work and expertise, we had a positive result that we’re extremely grateful for. We highly recommend Denise to anyone needing legal assistance – she truly goes above and beyond. read more
Aug 7, 2025
Denise did an outstanding job representing me in a recent traffic case. I contacted her just days before my court date in Gosford, and she quickly developed a smart strategy - starting with moving the case to a court closer to home, giving us more time to prepare. On the day of the hearing, we were surprised by very old traffic offenses from over 10 years ago. De... nise stayed calm and argued effectively that these shouldn't count against me, convincing the judge to treat it as a first offense. Thanks to her quick thinking and professionalism, I received a far more lenient outcome than expected-a 9-month bond. Denise is sharp, strategic, and genuinely invested in her clients. I highly recommend her to anyone facing a traffic matter or needing strong legal representation. read more
Jul 30, 2025
A big thank you to Kevin and Murray for all your help with my Fathers legal matter. Great result today which could not of been achieved without you. So grateful for all your assistance.
Jul 27, 2025
Fourtree lawyers were excellent! For any traffic related infringements definitely ask for Cidney, she went above and beyond to help my son- very professional, excellent communication and well prepared. We were very happy with the advice and outcome.
Jul 24, 2025
I can’t recommend Kevin and his firm highly enough. From the moment I called, his receptionist was polite, efficient, and got things moving quickly. True to his word, Kevin called me back that same night. He took the time to really listen, then broke everything down in plain English—no legal jargon, just straight talk. He walked me through each part of my situati... on, clearly explaining my rights, where I stood legally, and what options I had moving forward. We spoke for nearly an hour as part of the free initial consult, and not once did he rush me or sugarcoat things. He gave me the facts, the risks, and a realistic view of what to expect. If you’re looking for honest legal advice—or even if you’re just unsure where you stand—this firm is absolutely worth speaking to. read more
Jul 24, 2025
Both Kevin and Cidney were great to deal with. They were a good support and soundboard during the process.
Jun 26, 2025
I called Fourtree Lawyers today hoping to set up an appointment for some general advice. Kevin kindly had a phone discussion with me which in short time clarified my situation and eased much of the anxiety I was feeling. He offered clear information with the offer of a face to face appointment should my situation change. I was very impressed and would certainly n... ot look further than Fourtree Lawyers in the future. Thank you Kevin! read more
Jun 25, 2025
Unbelievable service. Out come was better than I could have hoped forI will use them again if the need arises
Jun 11, 2025
Very good and professional service,would recommend them highly
Jun 10, 2025
I was extremely anxious regarding my case, but I took the advice of Arabella at Fourtree Lawyers and my case turned out better than expected. I am so grateful for taking her advice. You are in good hands with Fourtree Lawyers.
Jun 6, 2025
I’m very grateful for the support I received from Kevin Vierboom. He took the time to really listen to my situation and made me feel heard throughout the process. Everything was explained clearly and with care, which gave me confidence in the decisions I needed to make. I wouldn’t hesitate to recommend them to anyone facing a complex employment issue.
Mar 30, 2025
Mar 10, 2025
I recently had the pleasure of working with Denise McCarthy, and I couldn't be more impressed. Her expertise and dedication to achieving the best possible outcome for me are truly exceptional. Despite the challenges of my case, Denise's meticulous preparation and focused approach led to an outstanding result. I highly recommend her to anyone seeking a skilled and... compassionate lawyer. Thank you, Denise, for your professionalism and care throughout this process. read more
Jan 29, 2025
To Alison, Thank you for your hard work for my case. Word can't express how much my family and I being so grateful. It was a great outcome I could ever asked. Thank you
Oct 11, 2024
I had a consult with Kevin. He was incredibly knowledgeable and helpful. I have used this solicitors services and as always it remains top tier. Best on the central coast and newcastle area.
Sep 25, 2024
I had a really positive experience with Denise and Fourtree Lawyers. I had to attend court for a Midrange PCA matter and decided it would be best to engage a professional to represent myself. I contacted 13 different legal professionals in the area giving a brief description of my matter to try and choose who would be best to represent me. Upon submitting my inqu... iry to Fourtree, Denise was proactive in reaching out and contacted me the next day to briefly discuss the services she provides and how she could assist in the matter. She took the time to listen and make suggestions without the obligation of professional engagement, this showed that she was willing to help in a way where I wouldn't be seen as just another number but a client that she actually cared about. In the end, I decided to engage in Fourtree's legal services due to Denise's extensive experience, personability, professionalism and the company's general persona. She provided me with a general understanding of court proceedings and advised me on the typical, reduced, and expected punishments. She also supplied me with information as to what I must do and how to best prepare for court. She did a great job to not just tell me what I wanted to hear or make false promises but instead advise me of the reality of the matter and that I must have realistic expectations for punishment. On the day we attended the court, with all the work she and I had done, and a massive amount of luck, I managed to receive a Section 9 - Good Behaviour Bond. This was an incredible outcome and far better than what either of us had expected! Thank you so much to Denise and the team at Fourtree Lawyers. Denise did an incredible job of being sincere in her practice and ensuring I felt heard. Legal proceedings are confronting but I felt comfortable in the presence of Denise and I knew that whatever the outcome, it would be the best achievable. read more
Sep 2, 2024
A big thank-you . A very stressful time was handled with professionalism and care. Keep up your fine work Dean and family
Aug 21, 2024
I was more than happy and pleased with the arrangement made as they were the only things i was guilty of, The plea agreements were finalised by Hannah to the best of her ability and it couldn't have gone any better. thank you, God Bless
Aug 14, 2024
Absolutely amazing, awesome and a total professional. Thank you. 5 + Star rating. Thank you. Ofeina Newcastle )
Aug 5, 2024
I am thrilled to share my wonderful experience with my lawyer, Denise. From our first meeting, she was not only professional but also incredibly friendly and approachable. Denise handled every detail of my case with such care and expertise, making sure nothing was overlooked. Throughout the entire process, Denise was always there for me. She kept me updated at ev... ery step and answered all my questions with patience and clarity. Her genuine care and dedication made me feel completely supported and confident. Thanks to Denise's hard work and skill, I achieved the best possible outcome in my case. I couldn't be happier with the results. If you're looking for a lawyer who is both knowledgeable and compassionate, I highly recommend Denise. She truly went above and beyond for me. read more
May 21, 2024
Luke Del Monte he deserves a good damn order of Australia for the exceptionally great service he did for me. This company is worth every penny they were paid. All I can say is that if you need representation give them a call and the service and time they invest is amazing. Thank you so much everyone! Sabrina James, Jane hogan and all the other staff I have had co... ntact with. Thank you so much!! read more
Mar 27, 2024
Denise handled my case which potentially would attract substantial fines and whatever else the courts could throw my way. She took a 10 min conversation we had and turned it into a defense that resulted in no conviction, no fine, plus I still don't know how she did that even though I was there. Fantastic, professional, knowledgeable and very capable, can only hig... hly recommend, should have 6 star provision available read more
Mar 7, 2024
I heartily urge anyone considering fourtree lawyers to give them a call. Luke Del Monte handled my case and gave me all the information I needed to move forward with it. We made the decision to enter a guilty plea with an explanation, and we moved forward with preparing my case. When my case was called in court, Luke took charge of it and handled it with professi... onalism. He would also advise me on what would happen at the hearing and what paperwork and testimony he would provide the magistrate. We received the punishment, and I was pleased with how my case turned out. I want to express my gratitude to Luke and the team for their excellent handling of my case and professional results. I would definitely recommend FourTree Lawyers if you're seeking for legal representation. Thank you once more to Luke and the rest of the team for taking care of my matter. read more
Feb 27, 2024
Feb 10, 2024
The office staff at the front desk, are very caring . I'm yet to go to court. I can comment further
Jan 22, 2024
I am so thankful I found Four Tree Lawyers, Denise was helpful right from the first phone call….. it was an easy experience right the way through with an Excellent outcome in court. HIGHLY recommend!
Dec 18, 2023
Dec 10, 2023
Please pass on my thanks to your entire team. This is the second time you have come through for me. I really appreciate the clarity, sensitivity, and integrity demonstrated by Luke Del Monte and Fourtree Lawyers on behalf of all parties to the case. You are an asset to the Central Coast Community.
Dec 4, 2023
Denise at Fourtree lawyers recently assisted my parents with a charge pertaining to the Transport industry. Her service was incredible and she approached the case with impeccable professionalism. We are very grateful to Fourtree Lawyers and their staff. They would definitely be our first pick if we required legal assistance in the future and we would highly recom... mend them to others. read more
Oct 1, 2023
Denise was fantastic and very thorough. She explained things simple and managed to get my friend Anastasia the minimum conviction which was a fantastic result . Thank you so much for your services .
Sep 10, 2023
I highly recommend Fourtree lawyers, in particular Denise McCarthy. Denise and her team at Fourtree were professional, friendly and made me feel at ease. Denise was great with any communication that needed to be had and took her time to explain all details of my situation to make sure I understood all that had to be done. The outcome of my case was the best resul... t we could have asked for and that all comes down to the fact Denise planned and executed with precision. Thank you again Denise and the Fourtree family. read more
Aug 23, 2023
vary happy with the service Luke provided with a great outcome achieved..
Aug 17, 2023
I got myself into a complete hot mess. Whilst I am in a position of bettering myself I had made a stupid mistake. It would be understandable for the courts to be pretty ruthless, however Denise was more than capable of explaining my situation to the judge, being down to earth enough to instruct me exactly what to do along the whole process without making me feel ... stupid and gave me a feeling of confidence throughout this whole ordeal. I could not recommend Denise and the team at Fourtree enough. Thank you so much. read more
Aug 12, 2023
Luke Del Monte handled my case with exceptional results. I cannot thank him and the team at Fourtree Lawyers enough.
Jul 20, 2023
Luke was wonderful. Very efficient. Stayed in contact throughout the process. The AVO was reduced from 24 months to 12 months with the best possible outcome. Cost was minimal. Had us in and out of the courtroom quickly. Very pleased with our results and would most certainly recommend FourTree lawyers. If we ever get put in an unfortunate position again we will de... finitely contact and ask for Luke. Many thanks. read more
Jun 14, 2023
I dealt with Luke Del Monte from Fourtree Lawyers, Luke was excellent from our initial meeting to the end process and I was extremely happy with the outcome.
Jun 2, 2023
Well the past close too 3 years I have been working with Bronwyn on my late fathers estate I have to say from the first meeting point of contact Jane then with Kevin and Bronwyn to nearly the end I have been very pleased with the way everything was handled and I am going to miss the little chats with everyone I really wish everyone the best you all work very hard... and always have empathy with your customers! We are not at the end yet but I had to leave a review because I’m very happy and recommend these guys 110%! read more
May 30, 2023
Highly recommend this company ( especially Luke Del Monte ) - their diligence and empathy is outstanding
May 17, 2023
Couldn't recommend enough the effort that they put in to not only reduce my sentence but to appeal the case entirely, my lawyer Denise was massive when it came to preparation aswell as amazing inside the court room. If it wasn't for Denise and fourtree lawyers I would be out of a job.
May 15, 2023
I was assigned Denise for my case for a DUI offence in which the outcome of my case was pretty much impossible to win. With her knowledge, experience and professionalism she somehow won my case and got my suspension overturned. She was amazing from start to finish and she really shined in the court room. She was in a league of her own compared to all the other la... wyers who were attending court that day and I felt that I had nothing to worry about. She is an asset to the law firm and would highly recommend. Everyone at the firm did a great job and I was thrilled with my outcome . read more
Apr 25, 2023
Great Service Thankyou
Apr 14, 2023
Excellent work on a traffic matter and a favourable outcome in court. Highly recommended.
Feb 19, 2023
I had a lawyer who was hopeless and i had no faith in winning, until i contacted four tree lawyers! I could not have asked for a more down to earth amazing lawyer who infact won my case! Ofiena u are awsome and i thank you greatly! I look forward to working with ofiena in the future!
Feb 18, 2023
Very pleased with the attention and service provided by fourtree ..the communication was fantastic and having the team and Denise McCarthy assist with my matter concluded a favourable outcome..I can not be grateful enough for the efforts and level of dedication provided by all members for fourtree and would recommend anyone with a legal matter to seek assistance ... from this organisation without hesitation. I must thank Denise for her professionalism and preparation towards my matter 10/10. read more
Feb 8, 2023
If only there were more stars to choose, I would be highlighting all of them. From the very first phone call I made to the Manager Jane Hogan who instantly calmed my anxiety, through to my dealings with my professional and very approachable lawyer in Denise McCarthy, Fourtree Lawyers were exceptional. Denise fought for me every step of the way, despite the fact t... hat achieving a favourable outcome looked grim. My situation involved me committing a traffic infringement while on a good behaviour bond and with a long & messy driving record we were up against it. However with honest & clear advice, in gathering a defence together, Denise approached this with gusto. Every factor that could help was looked at. In the end, Denise got an outcome that not only saved my licence but no financial penalty was applied. I was overjoyed with the result. So glad that I chose Fourtree lawyers to fight on my behalf. Thank you. read more
Jan 30, 2023
Denise at fourtree helped me greatly. I was so impressed!! Definitely recommend. Thanks so much
Jan 23, 2023
My son Craig chose Luke Del Monte to represent his case, he couldn't have chosen a better person to represent him. He won his case, he is a very approachable and likeable person but very professional at the same time. We are very grateful for all his hard work and have no hesitation in recommending Luke to anyone needing good legal representation. Respectfully Yo... urs Craig and Pene Scott read more
Jan 15, 2023
If you ever find yourself in the unfortunate situation of needing legal advice and support, look no further. The staff at Fourtree Lawyers have provided my family with professional and emotional support any time of the day or night. They are available 24 hours a day, even on public holidays. Fourtree Lawyers worked long and hard over several years (partially due ... to covid delays) to achieve the best possible outcome. It was dismissed with no conviction recorded. I truly believe this ultimate result was due to the knowledgeable and professional staff at Fourtree Lawyers who engage the best Solicitors, Lawyers, Personal Assistants and the most amazing Barrister. The Barrister presented to the Court in a way no other one could which enabled the Magistrate to gain a legitimate and detailed understanding of the whole situation to make his final Judgement. I don't believe any other Law Firm could have done a better job than Fourtree Lawyers due to their prompt, professional, knowledgeable and emotional support. They really deserve a holiday! read more
Dec 6, 2022
Nice and friendly
Nov 5, 2022
Experienced, insightful & professional. Kevin represented me on an Avo & Bail breech matter & i was very satisfied with the outcome. I found him to be very helpful with my matter. He was experienced, insightful & professional. He got me a good result i was more than happy with. I highly recommend Kevin & the team at Fourtree Lawyers.
Nov 2, 2022
Denise was outstanding! Very prompt in communicating with me as I needed. She was well prepared and helped me put together a strong case that led me to not getting any conviction on my record. I cannot recommend Denise enough, she is just what is needed when you are facing very hard situations. Thank you Denise!
Sep 29, 2022
Thank to Kevin and Jane for all their help. A great result. Kevin took the time to explain all of my options, and was incredibly knowledgeable about my case. Thank you!
Sep 21, 2022
Sep 15, 2022
Gave great advice to my son during a stressful time. I’d recommend.
Sep 15, 2022
Very Happy with the service provided. Luke handled my case with high professionalism.
Sep 14, 2022
Fourtrees and Jamie Clemments in particular have been absolutely fantastic. Have offered expert opinion, advocacy and legal advise second to none in a genuinely caring and concerned manner. Couldn’t recommend highly enough
Aug 16, 2022
James Clements is an excellent lawyer who helped me with a very difficult case. I was acquitted and I couldn't thank him enough for his help. He was very knowledgeable and worked hard to get the best result possible. I would highly recommend him to anyone who needs legal assistance.
Aug 8, 2022
Extremely happy with Denise from Fourtree Lawyers could not have had a more articulated and professional lawyer to get me the non conviction outcome handed down by the magistrate. Thank you so much Denise.
Aug 5, 2022
I have had several bad experiences with law firms, however this was not one of them. I highly recommend them if you are needing legal advice for a difficult matter. Kevin and staff were wonderful.
Jul 21, 2022
Fourtree Lawyers - very happy with the friendly team right from first phone call, knowledgeable and professional. The whole matter handled extremely well.🙏🙏
Jul 5, 2022
Excellent
Jun 6, 2022
James Clements from Fourtree Lawyers achieved a great result for us. He saw the need, took the case on and progressively and reliably worked through what we needed to do, including bringing in additional experts when needed. They believed in us and our case, and cared. We were supported by specialist knowledge of the law. We felt the confidence that we would come... to a just resolution and that the focus at all times was on achieving this. Thank you James Clements and Fourtree. Fantastic. read more
Apr 6, 2022
I had Denise at Fourtree for my Mid range DUI charge.Denise was outstandingly professional and took my personal court matters with herself as personal and had performed everything possible in hard work and professionalism to get the minimal result in court with myself having many priors.I will use Fourtree and Denise at the very first option for all court matters... and recommend anyone going to court to choose Denise first. read more
Mar 6, 2022
I cannot highly recommend Four Tree Lawyers enough, from the initial consultation call with Kevin, Four Tree Lawyers acted in a highly professional, compassionate and hardworking manner whilst dealing with my matter.Having never needed the services of a lawyer before, i was extremely stressed and nervous about finding a suitable lawyer to represent myself and obt... ain the best possible result.I was appointed Denise McCarthy to represent myself and Wow! She was amazing, open and honest and gave me a complete run down of the situation and possible outcomes. Denise did not sugar coat the situation which i immediately respected and in turn put me at ease. Denise was always only a phone call away should i ever have any questions throughout.On the day, Denise represented my matter in a truely highly organised and professional manner which led to the best possible outcome.Should i require the services of a lawyer in the future, i would have no issues in picking up the phone again to reach out to Four Tree Lawyers.Kevin, Denise and the whole Four Tree team offer an amazing service. 5 star service all round. read more
Feb 6, 2022
Unbelievable, Fourtree Lawyers are amazing, from the moment I called them feeling stressed and extremely upset about having to attend court for drink driving, they were there the whole way supporing me through the process and Making me feel at ease with the situation, so professional and friendly, considering the trouble I was in, they pulled me out of the whole ... I put myself in, Couldn't of done it without Kevin, thank you Fourtree Lawyers for being by my side and getting the best outcome possible, read more
Dec 6, 2021
Kevin, Jane and the whole team guided me through every stage of my case. At all time’s Kevin made me feel at ease, explained options, and advised the best course of action. My case took many months before I was able to obtain an outstanding result. I would have no hesitation to refer anyone to Fourtree LawyersMany thanksMichael Burgin
Nov 6, 2021
I would highly recommend the team at Fourtree Lawyers. Every experience I had with the Fourtree team gave me the confidence to know I was being treated fairly and in a transparent matter. Before making the decision to engage Fourtree I read over 100 reviews and I can confirm the accuracy of comments like under-promised and over-delivered which often appeared. T... hrough the good work of the Fourtree team I reviewed a far better outcome than I could have hoped.At every stage during this process I felt supported and that I was being treated with honesty and respect. At a point in my life when I was unable to sleep for days due to the stress of the matter I was accused of, Kevin took the time to talk me after hours ( around 9pm) and offer me some advice, he didn’t pressure me for a payment or insist I call back in the morning to make an appointment, he helped me put things into perspective right then and there which allowed me to sleep that night without being worried sick about what I was facing. The reviews I read about Kevin described him as extremely knowledgeable and a formidable defender you would want on your side, I am pleased to say this was the impression I was also left with, I felt safer knowing Kevin was on my side.Denise McCarthy of Fourtree Lawyers soon took over my case, Kevin explained she would be representing me in court, although initially I was worried that Kevin wasn’t personally handling matter, I had also read of Denise’s legal prowess and she soon proved to me through her actions that her reputation was well deserved. I cannot speak highly enough of Denise and the work she has done for me. Throughout every stage she was available, she was understanding and provided me with an honest assessment of what I could expect. I can provide no greater praise than to state unequivocally that Denise truly understood my side of the story and went above and beyond all reasonable expectations to ensure that my defence was presented in the most professional manner. I agreed with every thought and action Denise submitted, the only difference was Denise was able to say it better and provide legal evidence to prove my point for me. I am truly grateful for Denise’s empathy and professionalism, she is an incredibly intelligent solicitor who genuinely cares. read more
Nov 6, 2021
Oct 6, 2021
As this was my first time being charged with a criminal offensive, I was so worried about my future and spoke to so many different solicitors until I found fourtree lawyers. Luke Del Monte at this law firm is a very confident solicitor, he aimed for the best possible outcome for me and with his support he made me feel less anxious of the situation. He honestly di... d such a great job and I was very happy with results. I can’t thank him enough. You will not regret having Luke Del Monte representing you. Thank you Jane for the very fast responses when I needed help. I would highly recommend fourtree lawyers to those who need it, the costs are very affordable too! read more
Aug 6, 2021
I was blessed to be represented in a driving infringement involving a mobile phone by Fourtree Lawyers, and in particular by Denise McCarthy who was able to give supportive, grounded and productive advice in preparation and secure a best case scenario outcome on the day in court. In addition the team of Kevin Vierboom and Jane Hogan were supportive in taking on ... this case in the first place, and in their preparatory work. Thank you to Denise, Kevin, Jane and Fourtree. read more
Jul 6, 2021
Fourtree Lawyers helped me with a difficult matter. They were efficient and trustworthy.I believe they were the reason I managed to have such a great outcome . Reasonably priced.Luke Del Monte was my representative and the advice he gave as to what to plead and when was perfectly judged . He under promised and over delivered , rather than the other way aroundas s... o often happens .Wholeheartedly recommend this firm . read more
Jul 6, 2021
Thank you Bronwyn, Amelia and the team at Fourtree for your assistance, advice and reassurance throughout the Settlement process, it has been significantly less stressful than I was anticipating and much appreciated.
Jul 6, 2021
My experience with Fourtrees Lawyers and especially Kevin Vierboom and Luke Del Monte was amazing. They were able to provide me with the best possible outcomes imaginable. They were awesome to deal with, both very knowledgeable and reassuring and helpful along the way. I would highly recommend them to anyone seeking high quality professional legal advice. Money w... ell spent. Can’t thank you guys enough read more
Jul 6, 2021
I had an amazing service from these guys on a settlement agreement, they were way better priced than anyone else I spoke with. When I got there they were on time, very polite and professional it was honestly a big relief to speak to people that felt like humans and weren't trying to milk me for money.
Jul 6, 2021
I needed advice regarding an AVO application. Luke DeMonte at Fourtree Lawyers impressed me with his down-to-earth approach, sincerity and professionalism - not something I experience every day! Luke didn't fob me off like most lawyers would do. Thanks to Fourtree Lawyers.
Jul 6, 2021
I Am extremely Happy with the service and Outcome provided By Kevin and His Team, In particular My representaion By Denise McCarthy. Always Promt and professional. I would not Hesitate to engage Fourtree's Services again if needed.
Jul 6, 2021
It was a saving grace being represented by Mrs Denise McCarthy, She showed immense dedication to my case and put together a compelling brief that was excellently delivered to the the judge,Highly RecommendedThank you so much Denise,& Fourtree Lawyers
Jul 6, 2021
The team at Fourtree Lawyers were very professional, compassionate and hard working. They have an excellent understanding of Heavy Vehicle laws and got the best possible outcome for our case.
Jul 6, 2021
Extremely happy with the service from Fourtree Lawyers.I had the pleasure of Denise representing me regarding heavy vehicle traffic andwork diary offences and because of her extensive knowledge regarding the forever changing heavy vehicle law was able to achieve an outstanding result.
Jul 6, 2021
Extremely happy with the result Denise managed to get for our company. The magistrate said he would normally have imposed a $5000 fine for the heavy vehicle offence, but the quality of Denise's submissions and representation helped reduce the fine to $500. Could not be happier. Highly recommend using Fourtree Lawyers. The service was nothing short of excellent.
Jan 14, 2021
Called for advice, they delivered. No charge. I'll definitely call Kevin if I get in any trouble.
Jan 14, 2021
Denise was my Lawyer for my heavy vehicle speeding matter, she was very thorough and made sure I had all the info I needed for my day in court. On the day she was very professional and did an exceptional job in the court room and my belief is she is the only reason I walked out of court with a section 10 granted by the Majestrate. I highly recommend the services ... of Fourtree lawyers for any heavy vehicle related matters.. thanks again Denise. read more
Nov 14, 2020
Nov 14, 2020
After being charged by police with assault and other charges, which did not happen i was terrified my life was going to be torn apart. Kevin was amazing. Not only did he get a better result than expected he always kept me in the loop, calling me constantly to let me know what to expect and what was happening. I couldn't recommend Kevin and his team at fourtree la... wyers enough. Their compassion and dedication to their clients is second to none. Thank you to the entire team for helping me reclaim control of my life read more
Nov 14, 2020
Very honest, helpful and supportive during a tough time.Highly recommend
Oct 14, 2020
Outstanding service and commitment delivered by Kevin & Denise of Fourtree Lawyers.A very satisfied client indeed.The level of understanding and dedication in ensuring the best possible outcome, are second to none.Can not speak highly enough of the team at Fourtree Lawyers.Many Thanks !
Oct 14, 2020
Very efficient, well structured meeting to manage affairs. Have recommended to friends. Price schedule competitive for local area.
Oct 14, 2020
Great advice and super efficient.
Oct 14, 2020
Wow! I could not be more satisfied with the services I received.I found myself facing multiple charges and never had been through the court system before, I was terrified.I had limited time to organise and find myself legal help and Fourtree Lawyers were a saviour.I received quality communication throughout the process from Jane, Kevin and Joseph.They all explain... ed my situation in words that I could understand, always treated me with respect and were committed to helping me achieve the best possible outcome.I have no hesitations on recommending Fourtree Lawyers to anybody in need.I cannot thank Fourtree Lawyers enough 🙂🙂 read more
Oct 14, 2020
I recently needed the services of a Lawyer for a court appearance on a traffic related matter. Using a website that would put my needs out to some local Lawyers, I was contacted within 20 minutes by several Law firms. After having a quick discussion with three firms I decided to go with Four Tree Lawyers.Glad that I did because from the outset I was treated wit... h professionalism and courtesy. Kevin conducted the initial interview and from there I was put in the hands of Denise McCarthy.Denise had the experience to get to the meat of the matter and form an impressive strategy. All the staff that I had dealings with seemed to be genuinely interested.My work situation depended on the result of the case, and I can confirm that all is very well.Thanks to all at Four Tree! read more
Oct 14, 2020
Denise was brilliant! Can't thank her enough. It was very relieving and comforting to have someone care about your situation as much as you do yourself.
Oct 14, 2020
Very happy with the friendly team at fourtree lawyers.Between Jess and Denise my matter was seen to very professionally and results were met! I would not Hesitate To use There services again.
Oct 14, 2020
Today i was represented by Luke Del Monte and i must say he dealt with the matter very professionally and to the point, i am very grateful for the wonderful outcome, Thank you Luke truly appreciated.
Oct 14, 2020
Very happy with how everything was organized and at a fair price. Very professional highly recommend,Thank you Denise for representing me
Oct 14, 2020
I was unexpectedly served with an application for an AVO which potentially could have meant losing the right to see my beloved grandchildren for 2 years.After some research I contacted Fourtree Lawyers and was put in touch with Luke.Luke was professional, patient, responsive, diligent and thorough. He made this very emotional process very easy. His hard work and ... excellent legal representation resulted in an unequivocal win for me. The application for AVO was withdrawn. The whole matter was dealt with very quickly and cost effectively.I now mean to engage a Fourtree family law specialist to explore grandparental visitation rights. read more
Oct 14, 2020
Unfortunately I found myself for the first time in my life in a bit of a legal situation. If it wasn’t for Kevin I don’t know what would of come of my family’s safety. His compassion and understanding was second to none and his ability to ease my stress with his unquestionable experience and knowledge was a god send. To represent me in court and be my voice, I co... uldn’t have asked for a better lawyer. He fought for me and won and I’ll be always grateful. From someone who doesn’t know anything about court processes etc he truly was amazing.I can’t recommend Kevin and all the staff at Fourtree enough to anyone seeking professional service. read more
Oct 14, 2020
I couldn’t recommend Fourtree Lawyers more. My lawyer Denise was available to contact 24/7 and helped me throughout the whole legal journey. The professionalism and thoroughness I experienced was immaculate from reception staff to lawyers making the whole process an ease.
Oct 30, 2025
Services
- Affray & Public Violence
- APVO | ADVO
- Assault Offences
- Bail Applications
- Break & Enter
- Centrelink Fraud
- Contravene | Breach AVO
- COVID-19 Penalty Notices
- Criminal Appeals
- Destroy Damage Property
- Drug Offences
- Firearms & Weapons
- Fraud Offences
- Larceny & Stealing
- Legal Aid NSW
- Murder & Manslaughter
- Offensive Behaviour
- Police Pursuit (Skye’s Law)
- Resist | Assault Police
- Section 10 Dismissal
- Section 14 Mental Health
- Sexual Assault
- Stalk | Intimidate
Testimonials
Kevin and Jane are without a doubt 100% there to support you through Your whole ordeal reassuring you all the way My experience from finding Fourtree Lawyers on Google in a fairly unsure position, reading the reviews to the successful outcomes was the only referral I had, believe me when I say you will be happy with their experience in all fields of law which is insurmountable and they will obtain the best favourable outcome in any circumstance. Fourtree Lawyers are there for you to bring things back into perspective...
“Kevin and Jane were my “knights in shining armour.” I can’t thank these two people enough. They gave their everything and most important believed me when I told them my story. I am forever grateful for their professional attitude and for giving 100% to free me from my nightmare. I was able to plead guilty but also most importantly was not forced to lie and compromise my integrity and own personal values and standards. I was very happy with the outcome and the way I was treated. They communicated constantly...
Had the most amazing experience with Fourtree Lawyers kevin vierboom who represented my partner was helpful and understanding and we got a great result better then expected ? jane hogan, I was so blessed to have her by my side. They are an amazing team and i would recommend them to everyone also great value for money. Especially considering i only called the morning of the court case and they were all over it at my bek and call thankyou so much guys im so appreciative for all your help today
I was lucky enough to have Kevin take my case and am truly grateful for the services he and his team provided. From the outset, I was made to feel comfortable and knew from the first time meeting with them that they would go above and beyond to get the best possible outcome and that is exactly what they did. Fourtree Lawyers provides exceptional service with outstanding results and I would recommend Kevin to anyone and everyone who is in need of these services.
Court Results
Section 32 - Common Assault, Stalk Intimidate - Gosford Local Court
Our client was a 42-year-old male, the father of a young child embroiled in a family law dispute. He had been retired from the Police Force with PSTD after a distinguished career of service to the community. He was charged with common assault and stalk intimidate after a misunderstanding during an arranged parenting handover.
He strenuously denied the allegations and after all of the aspects of the case were considered, solicitor Kevin Vierboom made a Section 32 Application under the Mental Health (Forensic Provisions) Act 1990. After hearing extensive oral and written submissions and consideration of a detailed psychiatric report, the Magistrate allowed the section 32 application and dismissed the charges on the condition that our client enters into treatment under the care of his psychologist.
No conviction CRO | Stalk/Intimidate; Destroy or Damage Property | Gosford Local Court
Our client is a 30-year-old male who lives on the Central Coast. He is employed as a sports instructor for children with disabilities. Our client’s partner ended their relationship abruptly. While attempting to collect his personal property in a carpark, an altercation took place. Our client was charged with destroying/damaging property and stalking/intimidation with intent to cause fear of physical/mental harm. These offences carry a maximum penalty of 5 years imprisonment.
Solicitor Kevin Vierboom made submissions to the Magistrate that this was his first appearance before any court, our client's previous good character and his contribution to the community. The Magistrate found our client guilty without recording a conviction and ordered that he enter a Conditional Release Order for 24 months.
Our client was very relieved to retain an unblemished criminal record so that he could continue working with children.
No Conviction CRO | Stalk/Intimidate | Gosford Local Court
Our client is a 39-year-old female who lives on the Central Coast. She is employed in hospitality and is studying aged care. She has 3 children and is actively involved in their school and sporting activities.
Our client argued with another driver in a shopping centre car park. The Police charged our client with stalk/intimidate intend fear, physical etc. harm (personal) T2. This offence carries a maximum penalty of 5 years imprisonment and/or $5,500. Solicitor Denise McCarthy made submissions to the Magistrate that our client was considered a responsible member of the community who attends diligently to her family and work commitments. Ms McCarthy also submitted that a criminal conviction would derail our client's future career plans.
The Magistrate found our client guilty and ordered a 12-month Conditional Release Order without proceeding to conviction. Our client was immensely grateful for the outcome.
Charge Dismissed & AVO Withdrawn | Stalk/Intimidate | Gosford Local Court
Our client is a 26-year-old male who lives on the Central Coast. He is employed as a metal fabricator. He had been in a domestic relationship with a partner which had recently broken down.
After an evening out together in an attempt to reconcile the relationship, a disagreement took place and the parties went their separate ways. It was alleged that later in the evening, our client caused the other party to be fearful and he was charged with stalk/intimidate intend fear etc., harm (domestic). This offence carries a maximum penalty of 2 years imprisonment and a $5,500 fine.
Our client instructed us that he was “not guilty” of this offence and the matter was set down for hearing. Solicitor Kevin Vierboom made submissions to the Magistrate that the Police had no evidence to support the allegations. The Police Prosecutor conceded that they had no evidence and the charge was dismissed and the AVO was withdrawn.
Our client was pleased to retain his clean criminal record and not have to deal with the consequences of an AVO.
Section 10(1)(b) & Section 19B(1)(d) – Stalk/intimidate & Use Carriage Service to menace/harass/offend – Gosford Local Court
Our client, a 47-year-old male living on the Central Coast with his wife, was charged with stalk/intimidate & Use Carriage Service to menace/harass/offend. The maximum penalties for these offences are 5 years and 3 years imprisonment, respectively. Our client was an ex-serviceman and was suffering from severe PTSD. He was being treated for anxiety, depression and was being investigated for dissociative disorder. Our client had no recollection of the events which lead to the charges being laid.
Solicitor Kevin Vierboom made extensive submissions to the Magistrate, noting our client’s contribution to our country, his unblemished record, his previous good character and tendered medical reports supporting his extensive mental health issues. The Magistrate felt that our client should be given a chance and dismissed the charges pursuant to Section 10(1)(b) and Section 19B(1)(d) on the condition that he be of good behaviour for 18 months.
Our client and his wife were both in tears when they heard the result.
Community Service | Possess unauthorised firearm, Stalk/Intimidate, Use unregistered vehicle | Gosford Local Court
Our client was a 20-year-old student who lives in the Hunter region. He was charged with several very serious offences, two of which had maximum penalties of 2-5 years imprisonment. This was his first time before the courts.
Our client suffers from major depression, anxiety and panic attack disorder. Fourtree Lawyers made extensive submissions as to our client's previous good character and his career aspirations.
The Magistrate considered the offences to be very serious and felt that a gaol term was appropriate. Our Solicitor pleaded for the court's consideration of a pre-sentence report which was finally granted. The pre-sentence report determined that our client would be suitable for Community Service. Our client was very relieved to avoid a full-time custodial sentence.
Common Assault, Destroy/Damage Property & Stalk/Intimidate | Withdrawn & Conditional Release Order | Toronto Local Court
Our client is a 41-year-old male who had recently separated from his partner of 13 months.
Since the relationship had broken down, there had been multiple requests for our client to move out. Several arguments took place and on the last occasion the Police were called, our client was arrested and conveyed to Toronto Police Station.
Our client was charged with two counts of Common Assault (DV), which carries the max. penalty of 2 years imprisonment and/or a fine of $5,500, one count of Destroy/Damage Property – DV related which carries a max. penalty of 2 years imprisonment and/or a fine of $5,500 and one count of Stalk/intimidate, which carries the max penalty of 2 years imprisonment and/or a fine of $5,500.
Principal Solicitor Kevin Vierboom attended Toronto Local Court and entered into negotiations with the Police Prosecutor. Accordingly, one of the Common Assault charges and the Stalk/Intimidate charge were both withdrawn. For the second charge of Common Assault and the charge of Destroy/Damage Property, our client was found guilty without proceeding to conviction and sentenced to two Conditional Release Orders for a period of 12 months.
Our client was thrilled he was able to avoid a criminal conviction.
Stalk Intimidate intend fear | CRO Without Conviction | Wyong Local Court
Our client is a 53-year-old male residing in the Central Coast Area. Our client resides in the main house, with his partner, on a property with the victims in a granny flat out the back.
Our client and the victim in the matter had lived on the same property for 3 months. Since that time, they have had a strained relationship. The incident happened when an argument broke out between the two and our client threatened that he would ‘bash’ them if they did not leave. Our client was charged with Stalk/intimidate intend fear, physical, harm etc. (personal). This offence carries a maximum penalty of 2 years imprisonment and/or a $5,500 fine.
Our client entered a plea of guilty at the earliest opportunity, which was taken into account by the Magistrate. Our solicitor, Luke Del Monte, attended Wyong Local Court on behalf of the client. Her Honour saw fit to place our client on a Conditional Release Order without a conviction.
Our client was ecstatic that a conviction was not entered on his record.
Stalk / Intimidate x 3 | CRO with No Conviction | Hornsby Local Court
Our client is a 40-year-old male that lives in the Sydney region. At the time of the offences, our client was residing with the victims in a share house arrangement.
It was alleged that our client used inappropriate language and made verbal threats towards the victim/s whilst intoxicated. He was arrested and made full admissions in relation to his behaviour.
Our client was charged with 3 counts of stalk/intimidate with the intent to cause fear of physical harm under section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007. In the local court, the maximum penalty for this offence is 2 years of imprisonment and/or a $5,500 fine for each offence.
Our principal solicitor, Kevin Vierboom, attended Hornsby Court and made submissions on behalf of our client. He was found guilty without proceeding to a conviction and was sentenced to a Conditional Release Order for a period of 12 months.
Our client was very grateful for such a good outcome.
Stalk / intimidate, armed with intent to commit indictable offence | Withdrawn and Dismissed | Gosford Local Court
Our client is a 30-year-old woman who resides in Gosford.
She allegedly threatened a man, whom she had known for about three months, with a knife and chased him after a verbal altercation at the victim’s house.
She was charged with stalk/ intimidation, as well as armed with intent to commit an indictable offence.
The maximum penalty for this offence is five years imprisonment and/or a fine of $11,000.
Solicitor Luke Del Monte appeared in court on behalf of our client who attended through video link.
The complainant was absent and could not be contacted. As such both charges were withdrawn by the prosecutor and dismissed by the Magistrate.
Our client was extremely happy with this result.
Stalk/Intimidate & ADVO | Not Guilty, Withdrawn & Dismissed | Maitland Local Court
Our client is a 38 -year-old male who resides in the Hunter Valley.
At the time, our client and the victim had been separated for four months following a 17-year relationship. It was alleged our client followed the victim and their children around for a period of time. This action was triggered by a phone call between our client and his children during which the victim called our client various profanities.
The victim went to the police station to report this behaviour. Our client was arrested and cautioned soon after and an Apprehended Domestic Violence Order was applied for.
The maximum penalty for stalk/intimidate charges are two years imprisonment and/or a fine of $5500.
At a defended hearing, the complainant did not appear in court which forced the Crown to withdraw and dismiss the charge. The ADVO application made by police still stood but it was opposed and was also withdrawn and dismissed.
Our client was very pleased with this result.
Use carriage service to menace/harass/offend and stalk/intimidate | ADVO + dismissed charges | Downing Centre Local Court
Our client is male who resides in Sydney.
At the time of the offence, our client was not living with his ex-partner and child as result of an Apprehended Violence Order. NSW was also experiencing the 2021 Covid-19 lockdowns and our client was experiencing undue stress as the number of infections were increasing exponentially every day.
He was attempting to contact his ex-partner to get his daughter tested for Covid as he was led to believe she had been exposed. However, this led to a breach of the AVO as it was alleged he was threatening his ex-partner in one form or another.
The maximum penalty for these offences is 12 months imprisonment and/or a $6600 fine for use of carriage service to menace/harass/offend, and 2 years imprisonment and/or a $5500 for stalk/intimidate.
Solicitor James Clements appeared at court on behalf of our client, cross-examining the complainant and police witnesses. He also made various submissions to the Magistrate overseeing the proceeding. James and the Police Prosecutor came to agreement, with consent from our client, to enforce an AVO and dismiss all charges against our client.
The Magistrate accepted this decision.
Our client was very pleased with the result.
Common assault, stalk/intimidate, contravene prohibition/restriction in AVO | Dismissed + backdated imprisonment | Newcastle Local Court
Our client is a 51-year-old man who resides in Newcastle.
Our client and the victim had been in a domestic relation for eight to 10 years and had a six-year-old son. An Apprehended Violence Order had already been served on our client prior to this incident.
At the time of the incident an argument ensued after the victim asked our client why a $50 note in her wallet was missing. Our client said he had taken it and threw the victim to the ground. Later in the afternoon, our client lost his cigarettes and argued again with the victim – resulting in him taking her phone and throwing her to the ground again, their six-year-old son was present.
Police were called shortly after the victim’s phone was returned and the Apprehended Violence Order was varied so he could no longer reside with her.
The charges of common assault, stalk/intimidate and contravene prohibition/restriction in AVO carry a maximum penalty of two years imprisonment and/or a fine of $5500 respectfully.
At court, the magistrate was satisfied with submissions made by solicitor James Clements. He dismissed the charges of common assault and stalk/intimidate and backdated the sentence of four months imprisonment as our client had been placed in custody.
Our client was happy with this result.
Charge Dismissed & AVO Withdrawn | Stalk/Intimidate | Gosford Local Court
Our client is a 26-year-old male who lives on the Central Coast. He is employed as a metal fabricator. He had been in a domestic relationship with a partner which had recently broken down.
After an evening out together in an attempt to reconcile the relationship, a disagreement took place and the parties went their separate ways. It was alleged that later in the evening, our client caused the other party to be fearful and he was charged with stalk/intimidate intend fear etc., harm (domestic). This offence carries a maximum penalty of 2 years imprisonment and a $5,500 fine.
Our client instructed us that he was “not guilty” of this offence and the matter was set down for hearing. Solicitor Kevin Vierboom made submissions to the Magistrate that the Police had no evidence to support the allegations. The Police Prosecutor conceded that they had no evidence and the charge was dismissed and the AVO was withdrawn.
Our client was pleased to retain his clean criminal record and not have to deal with the consequences of an AVO.
Our client is a 29-year-old woman who lives in the Hunter Region.
Our client was charged with common assault and stalking or intimidation intending to cause fear of physical or mental harm (personal) after an altercation between herself and a dog owner who had their dog off its leash.
In the Local Court. the maximum penalty for common assault is 2 years imprisonment and/or a fine of $5,500. The maximum penalty for the stalking or intimidation offence is 2 years imprisonment and/or a fine of $5,500.
Our client had discussions with our solicitor regarding the way forward and how we would
seek to have her common assault charge withdrawn.
We appeared on our client’s behalf in court, tendering an apology letter, character references and proof that the complainant’s dog had bitten her.
The statement of facts was also amended to more accurately depict the actual events.
Consequently, it was no longer agreed that the client had struck the complainant, and the common assault charge was withdrawn.
We then made submissions which focused on our client’s good character, lack of violent history and the high level of provocation she had experienced from the complainant.
As a result, she was sentenced to a Conditional Release Order without conviction for a period of 12 months.
Our client was relieved to obtain this outcome.
The maximum penalty for each offence is 2 years imprisonment and/or a fine of $5,500.
Intimidation & Use Carriage Service to Menace or Harass | No Conviction Recorded | Toronto Local Court
Our client, a 51-year-old man from the Newcastle region, appeared before the Toronto Local Court charged with intimidation and using a carriage service to menace or harass following a domestic-related incident.
The charges arose in the context of a difficult marriage breakdown and significant personal stress. At the time, our client was the full-time carer for his elderly father, who suffers from dementia, and was managing his own serious health conditions.
Our client entered pleas of guilty to two charges based on amended facts. Solicitor Cidney Jenkins appeared on his behalf and made extensive submissions in mitigation, highlighting his genuine remorse, prior good character, and the significant steps he had taken to rehabilitate himself, including total abstinence from alcohol.
After considering all the evidence and submissions, the Magistrate accepted that the offending was out of character and occurred during a period of emotional distress. His Honour did not record a conviction and placed our client on a 12-month Conditional Release Order for the intimidation offence. The Commonwealth offence of using a carriage service to menace or harass was dismissed under section 19B of the Crimes Act 1914 (Cth).
This was an excellent outcome for our client, who avoided a criminal conviction and was able to continue caring for his father while focusing on rebuilding his relationship with his children.
Client Reviews
I was recently in some serious trouble and was in need of some rock solid representation. I hit Fourtrees through Google, and was directed to contact Denise McCarthy, one of their senior solicitors. It had been over a decade since I'd been in need of representation, but it wasn't nearly the first time, and I was in a state. If you are lucky enough to read this review and go with Denise, I assure you this is the most capable and thorough solicitor I have dealt with. On a personal level, Denise has a very engaging attitude, and is great to talk to. But most importantly, the amount of work she gets done in such a seamless fashion had me amazed.I went from a pretty exhausting state of anxiety ,to a realistic understanding and preparedness, confident in what I needed to do to engage in my submission. Spoke with Denise at length, over hours, and she was always available to squash any panicked queries I had. Denise is just a very smart cookie and an ace in her profession. The outcome way exceed anything I could hope for. That was 100% down to what she prepared and how she presented my case for the judge on the day. I hope I don't need to, but I wouldn't think of anyone else, by a long shot. I have a lot of gratitude for Denise McCarthy. More than 5 stars.
| PC | ★★★★★ |