Former Australian cricketer Stuart MacGill has been charged with stalking and intimidation of a Sydney bar owner.
The 51-year-old, who was self-isolating on his court date, has pleaded not guilty and intends to defend the charge.
Police have also applied for an apprehended violence order (AVO) for the protection of the complainant.
A friend of Mr MacGill has also been charged as a co-accused.
Stalking and Intimidation Charges
Police will allege that Stuart MacGill and Stephen Kerlin verbally abused Samantha Ford - the licensee of The Argyle in The Rocks on 1 February 2022.
The incident was said to have occurred outside a home and then a bar on Kent Street at Millers Point in Sydney.
Mr Kerline was arrested by police on the night of the alleged incident. The 54-year-old was charged with common assault, intimidation and contravene AVO.
Mr MacGill handing himself into Day Street Police Station later that week where he was charged with the offence of stalking and intimidation as well as using offensive language in a public place.
Police have also applied for an AVO against Stuart MacGill to protect Ms Ford.
The ex-spin bowler, was unable to attend Downing Centre Court because he was self-isolating after testing positive for COVID-19.
Mr MacGill's AVO lawyers formally entered pleas of not guilty to both charges.
Magistrate Susan Horan adjourned the case for hearing in September 2022.
Stuart MacGill Kidnapping
The Stuart MacGill kidnapping case is still ongoing, adding to the ex-cricketer's woes.
He was allegedly detained off the street outside his home in Neutral Bay before being driven to a farm in Western Sydney in April 2021.
The prosecution in that case have alleged that, Mr MacGill was stripped naked and assaulted over a failed cocaine deal worth over than $600,000.
Police believe Mr MacGill was an innocent man but was held responsible for the botched job after his friend allegedly stole 2 kilograms of the drug from his kidnappers.
The Offence of Stalking and Intimidation in NSW
The offence of stalking and intimidation in NSW is committed when you:
- follow a person, or approach or attend their home or place of work, or any other place they attend regularly;
- person knowingly causes a person to fear for their safety or the safety of another (see: Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) ).
Some examples of stalking include:
- Constantly contacting a person (eg. by phone, text message, Facebook or other social media application);
- Repeatedly attending a person's home
- Repeatedly attending a person's workplace
You can beat a Stalking charge in two ways. Firstly, the prosecution must prove each of the following beyond reasonable doubt:
- You followed, watched, frequented or approached the person's home, workplace, or social or leisure activity; AND
- You knew or should have known that your conduct would cause the person to fear physical or mental harm
There is a chance that you will be sentenced to jail for stalking or intimidation. Statistics for stalking or intimidation reveal the range of likely sentences you may receive.
Analysing 1,832 NSW stalking and intimidation sentencing cases in the Local Court from the last 5 years, only 11% of people received no conviction for stalking or intimidation. The remaining offenders all received convictions. Over 20% of offenders were sentenced to some form of imprisonment and 12% of offenders were sentenced to full-time imprisonment.
Avoiding a criminal conviction is not easy. More people are sentenced to jail than receive Section 10 dismissals. That is why it is important that you speak to one of our highly experienced criminal defence solicitors to obtain the best possible outcome. That is why it is important to speak to experienced criminal lawyers. Contact Astor Legal on (02) 7804 2823 or email us at info@astorlegal.com.au.
For a stalking and intimidation first offence, you will generally be dealt with more leniently by the Court. A list of 2259 first offence Stalk Intimidate sentencing cases in the Local Court provides some insight as to what your sentence will be. Almost half of the first time offenders are dealt with by way of a good behaviour bond with a conviction.
In fact, almost three quarters of first time offenders receive a criminal conviction. That is why it is important that you consult an experienced lawyer for stalk or intimidate charges who can provide you with advice specific to your case and persuade a Magistrate or Judge to give you a Section 10 dismissal.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
