Melbourne's Top Defence Lawyers for
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 offense, is outlined in section 474.17 of the Criminal Code, as stated in schedule one of the Crimes Act 1914 (Cth) as the offense of employing a communications service to menace, harass, or offend. According to this provision, an individual commits an offense if:
1. They employ a communications service, and
2. 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 offense is subject to a maximum penalty of three years’ imprisonment. Where the use of a communications service involves private sexual material, the offense is considered aggravated. In such cases, the maximum penalty increases to five years’ imprisonment.
Nevertheless, courts also have the authority to impose the following penalties:
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Corrections Order (CCO)
- Fine
- Good behaviour bond
- Non-conviction
- Good behaviour bond.
Zarah Garde Wilson and the team at Garde Wilson Lawyers pride themselves on achieving remarkable outcomes across all offences heard by a court contained in the Crimes Act 1914 (Cth). At Garde Wilson Lawyers, we understand the devastating effect that a conviction or more so, a wrongfully obtained conviction, can do to you and your family’s future. Talk to us today to find out how to dispose of your case in the most effective way possible. Don’t leave your future in the hands of anyone but Melbourne’s most experienced criminal and traffic law firm.
What is the police's burden of proof?
In order for a court to find an individual guilty of using a communications service to menace, harass, or offend, the prosecution must establish the following elements beyond a reasonable doubt:
1. The accused used a communications service.
2. The content of the communication was menacing, harassing, or offensive.
3. A reasonable person would deem the accused’s actions as menacing, harassing, or offensive.
What are your defences for using a communication service to intimidate, harass or offend?
- Denying the alleged acts.
- Contesting the use of a communications service.
- For the aggravated offense, asserting that the material in question was not private sexual material.
- Additional defences may be applicable in specific circumstances.
Court Jurisdiction
This offense is classified as an indictable offense. 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 offense is dealt with in the Local Court, the maximum penalty is 12 months’ imprisonment.