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Elements of Intimidation

Date Time and Location

Identity of the Accused

Evidence of the accused engaging in one or more  of the prohibited activities mentioned in this section.

  • Uses violence or threats of violence
  • Intimidates or attempts to intimidate
  • Persistently follows
  • Hides belongings of another person that hinder them
  • follows on highway in disorderly fashion
  • watches and besets
  • blocks highway


The behaviour was intimidating to the victim

  • I cannot currently find a clear legal definition of “intimidation”
  • This likely will be seen to be similar to the “fear” element of criminal harassment
  • See Related Link to“Element of Fear”
  • Consider Threat Assessment



  • The accused must intend to “intimidate” the victim
  • Intent is often suggested as a defence



This section of the code was drafted with the intention of being used in labour disputes, although it may have wider application. Some of the language is similar to criminal harassment, with some notable missing elements.  This section never uses the word “repeatedly” which means that a single event could be sufficient to result in a charge.  As well the threat for this section is  met if there  are “threats of violence” to a person or damage to their property, which is an apparent lower threshold than required for a charge of threatening in section 264.1, where the element of the threat must be “to cause death or bodily harm”.


Related Links:
Statutory wording for Intimidation

Related Statutory Offences:
Criminal Harassment
Peace Bonds (Section 810)

Keywords: road rage