Offences / Carriage Service Menace Harass Offend
Carriage Service To Menace, Harass Or Cause Offence
Carriage Service To Menace, Harass Or Cause Offence
MELbourne's
Top Defence Lawyers for the offence of using a communication service to intimidate, harass or offend.
The act of utilising a communications service to intimidate, harass, or cause offence, is outlined in section 474.17 of the Criminal Code, as stated in schedule one of the Crimes Act 1914 (Cth) as the offence of employing a communications service to menace, harass, or offend. According to this provision, an individual commits an offence if:
- They employ a communications service, and
- They do so in a manner (either through the method of use or the content of communication, or both) that reasonable individuals would perceive as being menacing, harassing, or offensive under the given circumstances.
If you have been served with a summons to appear at court for the act of utilising a communications service to intimidate, harass, or menace offence, then come and talk to our highly experienced team of barristers and solicitors.
- Dialing random phone numbers and verbally abusing or threatening the person who answers.
- Posting a Facebook status degrading someone's appearance or intelligence.
- Sending numerous unwanted text messages daily to a woman who declines a second date.
- Sharing a photograph of an ex-girlfriend on Reddit with a caption encouraging others to ridicule her, along with providing links to her social media profiles.
Why is it important to avoid a conviction for using a communication service to intimidate, harass or offend?
The act of utilising a communications service to intimidate, harass, or cause offence is subject to a maximum penalty of three years’ imprisonment. Where the use of a communications service involves private sexual material, the offence is considered aggravated. In such cases, the maximum penalty increases to five years’ imprisonment.
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Corrections Order (CCO)
- Fine
- Good behaviour bond
- Non-conviction
- Good behaviour bond.
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Corrections Order (CCO)
- Fine
- Good behaviour bond
- Non-conviction
- Good behaviour bond.
What is the police's burden of proof?
- The accused used a communications service.
- The content of the communication was menacing, harassing, or offensive.
- A reasonable person would deem the accused’s actions as menacing, harassing, or offensive.
What are your defencesfor using a communication service to intimidate, harass or offend?
- Denying the alleged acts.
- Contesting the use of a communications service.
- For the aggravated offence, asserting that the material in question was not private sexual material.
- Additional defences may be applicable in specific circumstances.
Court Jurisdiction
This offence is classified as an indictable offence. However, under section 4J of the Crimes Act 1914 (Cth), with the consent of both the prosecution and the defence, the matter can be heard in a court of summary jurisdiction, such as a Local Court. If the offence is dealt with in the Local Court, the maximum penalty is 12 months’ imprisonment.
Why choose Garde Wilson Lawyers?
Frequently asked question
Do you still have questions?
01What is a “carriage service” offence in Australia?
A “carriage service” offence involves using communication services, like mobile phones or the internet, to commit crimes such as sending threatening or offensive messages.
02Can I be charged if someone else sent the message through my device?
Yes, you can be charged if someone uses your device to commit an offence, even if you didn’t send the message yourself.
03What’s the penalty for menacing via social media in Victoria?
The maximum penalty is three years in prison, or five years for more serious cases. Most matters are heard in the Magistrates’ Court, where penalties can also include fines or community orders, depending on the circumstances.
04Can messages be deleted and still used as evidence?
Yes, deleted messages can still be recovered and used as evidence in court.
05How can I defend a harassment charge that uses an impersonated account?
To defend against a harassment charge involving an impersonated account, you would need to prove the account was created or used without your consent.
06What happens if the victim lives interstate but the offence is committed in Victoria?
Carriage service offences are federal crimes, so they apply Australia-wide. You can be charged in Victoria even if the person you contacted lives interstate, as long as part of the conduct occurred here.
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