CONTEXTS ASSOCIATED WITH USE CARRIAGE SERVICE TO MENACE, HARASS OR OFFEND
The increasing use of technology as a means of communication via countless platforms and the ability to conveniently send messages via the purported safety and comfort of one’s own home gives rise to the prevalence of the criminal offence of using a carriage service to menace, harass or offend others. Many offenders welcome the potential anonymity that they believe certain platforms may provide, although the actions also occur with offenders making little or no effort to disguise their identity.
Our globalised world and the occurrence of ethnic and religious conflicts abroad often give rise to behaviour consistent with the offence of using a carriage service to menace, harass or offend others. The offence has also been known to be committed in the context of personal disputes, relationship breakdowns and violent and controlling behaviour against ex-partners.
NSW Police take reports of the offence of using a carriage service to menace, harass or offend seriously and those committing the offence can expect a knock on their door.
If you have been accused or charged with the offence of using a carriage service to menace, harass or offend, contact our specialised and expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
MAN CHARGED WITH USING CARRIAGE SERVICE TO MENACE, HARASS OR OFFEND
A 48-year-old Harris Park man was charged on 18 December 2024 with ‘publicly threaten violence on grounds of religion’, and ‘use carriage service to menace, harass or offend’ arising from allegations that he threatened violence based on religion.
Police allege that the man posted a threatening and offensive comment via a social media platform directed towards an aged-care facility in Randwick.
He was taken to Granville Police Station before being released on conditional bail to appear at Parramatta Local Court on Wednesday 15 January 2025.
WHAT IS THE OFFENCE OF USE CARRIAGE SERVICE TO MENACE, HARASS OR OFFEND?
Section 474.17 of the Criminal Code contained in Schedule 1 of the Crimes Act 1914 (Cth) constitutes the offence of use carriage service to menace, harass or offend as occurring if the person uses a carriage service; and the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.
WHAT IS THE PUNISHMENT FOR THE OFFENCE OF USE CARRIAGE SERVICE TO MENACE, HARASS OR OFFEND?
The penalties for the offence of use carriage service to menace, harass or offend can be quite severe and may include imprisonment, so it is important to contact Criminal Lawyer Group immediately if you or someone you know have been charged.
The maximum penalty available to a court for using a carriage service to menace, harass or offend is 3 years imprisonment. In circumstances of aggravation, which pursuant to Section 474.17 occur if the material that had been sent involved private sexual material, the maximum sentence is 5 years imprisonment.
Other penalties that the court may impose include a fine, Community Corrections Order (CCO), Intensive Corrections Order (ICO), Recognisance order (or bond) with/without conviction, Good Behaviour Bond and a Non-Conviction Good Behaviour Bond.
OUR CASE OF DANIEL X
Our Principal, Steven Mercael, recently defended a client referred to for confidentiality by the name of Daniel X. He had been charged with ‘use carriage service to menace, harass or offend’ arising from allegations that he had sent menacing and harassing Facebook messages to his estranged girlfriend.
Daniel maintained his innocence and position that he had not sent the alleged Facebook messages. Criminal Lawyers Group secured a Not Guilty verdict.
CONTACT CRIMINAL LAWYERS GROUP NOW
Our specialised criminal lawyers have secured the best possible outcomes for clients charged with the offence of use carriage service to menace, harass or offend. We have obtained Not Guilty verdicts, the Withdrawal of Charges and the avoidance of prison sentences.
If you or someone you know have been charged with the offence of use carriage service to menace, harass or offend, contact us now for a free consultation so that our expert criminal lawyers can analyse your case, present to you all options and obtain the best outcome for you or your family or friend.