Carriage Service To Menace, Harass Or Cause Offence
The Gold Coast and Brisbane's Top Lawyers

Gold Coast & Brisbane's Top Carriage Service To Menace, Harass Or Cause Offence Lawyers

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. 

Carriage Service to Menace, Harass or Cause Offence in Queensland

Our legal team appear weekly in courts all over Queensland helping people charged with instances of using a communications service to menace, harass, or offend. Offences include cases such as: 

  • 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 should you avoid a conviction for using a communication service to harass, intimidate 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 Brisbane and the Gold Coasts 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?

Commonly asserted defences against these charges include:
  • 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.

Never risk getting advice from anyone but a firm that has significant proven and positive experience in achieving the best results in criminal and traffic offences in Queensland. At times, traffic offences carry more than fines and minor punishments. At times they can even carry a custodial sentence if the right advice and representation is not sought. A jail term will affect much more than your financial position.

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.

Why choose Garde Wilson Lawyers?

We understand better than most the stress and angst that a criminal charge or circumstance can cause. From the moment you are charged, it is crucial to be informed of your legal rights and have a lawyer made available to you as per the criminal procedure enacted in the Criminal Procedure Act 2009. We know the law, the procedure that must be followed and will ensure your liberties, well being and future are taken care of with the utmost professionalism and expertise. Garde Wilson Lawyers are the ONLY choice for your offence.

The Biggest Mistake You Can Make

Police have a way of asking innocent sounding questions that are designed to extract more information than you know is good for you. The worst thing you can do, when charged with a offence such as using a communication device to harass, intimidate or offend, is submit to police questioning without a lawyer present. A conviction on your criminal record can have a big impact on your life. It can restrict travel opportunities, prevent you from getting a professional licence, and even effect an application for rental accommodation. So, never be rude, aggressive, or uncooperative, but always, always confidently assert your right to legal representation – and get the best you can afford, straight away.

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