Use carriage service to menace, harass or offend

THINGS YOU NEED TO KNOW:

1. Using a carriage service to menace, harass or offend is a serious criminal offence which can result in imprisonment.
2. Using a carriage service to menace, harass or offend is an indictable offence under Section 17 of the Criminal Code Act 1995 (Cth).
3. Using a carriage service to menace, harass or offend matters are heard in the Local Court, District Court and Supreme Court.
4. The maximum penalty available to a court for the offence of using a carriage service to menace, harass or offend is 3 years imprisonment.
5. Criminal Lawyers Group are the leading law firm in NSW for not guilty verdicts, the withdrawal of charges and the avoidance of imprisonment.

The criminal offence of using a carriage service to menace, harass or offend is a serious offence with severe consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF USING A 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 A CARRIAGE SERVICE?

To best understand the criminal offence of using a carriage service to menace, harass or offend, it is important to know what a carriage service is.

The Telecommunications Act 1997 (Cth) defines a carriage service as a service for carrying communications by means of guided and/or unguided electromagnetic energy.

WHAT IS THE PUNISHMENT FOR THE OFFENCE OF USE CARRIAGE SERVICE TO MENACE, HARASS OR OFFEND?

The penalties for the criminal 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 Lawyers Group immediately if you or someone you know have been charged.

The maximum penalty available to a court for the criminal offence of using a carriage service to menace, harass or offend is 3 years imprisonment. If the matter is finalised in the Local Court, the maximum penalty available is 2 years imprisonment.

Other penalties that the court may impose for the offence of using a carriage service to menace, harass or offend include a fine, Community Corrections Order (CCO), Intensive Corrections Order (ICO), Good Behaviour Bond and a Non-Conviction Good Behaviour Bond.

INCREASED MAXIMUM PENALTY IN CIRCUMSTANCES OF AGGRAVATION

In circumstances of aggravation of the criminal offence of using a carriage service to menace, harass or offend, which pursuant to Section 474.17 of the Criminal Code Act 1995 (Cth) occurs if the material that had been sent involved private sexual material, the maximum sentence is 5 years imprisonment.

WHAT ARE THE DEFENCES AGAINST GUILT FOR THE OFFENCE OF USE CARRIAGE SERVICE TO MENACE, HARASS OR OFFEND?

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of use carriage service to menace, harass or offend in circumstances where the criminal offence of use carriage service to menace, harass or offend must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Duress: You may defend a use carriage service to menace, harass or offend charge on the defence of duress, which is that you committed the offence of use carriage service to menace, harass or offend under duress due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Did not commit the act: That you did not use a carriage service to menace, harass or offend and/or that a reasonable person would not consider the conduct to be menacing, harassing or offensive.

Other defences against a conviction of the criminal offence of use carriage service to menace, harass or offend may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT ARE SOME EXAMPLES OF USE CARRIAGE SERVICE TO MENACE, HARASS OR OFFEND OFFENCES?

Examples of actions that may constitute the criminal offence of use carriage service to menace, harass or offend include, but are not limited to:

• Sending a person menacing messages via whatsapp.
• Insulting a person who no longer wishes to date or talk to you via constant unwanted calls and text messages.
• Posting a photo on a Facebook status calling your ex-partner offensive names whilst including their personal contact details.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF USE CARRIAGE SERVICE TO MENACE, HARASS OR OFFEND OFFENCES?

If you are convicted of the criminal offence of use carriage service to menace, harass or offend, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence
• Criminal history
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities is important in consideration of a reduced sentence

WHAT COURT ARE USE CARRIAGE SERVICE TO MENACE, HARASS OR OFFEND OFFENCES HEARD IN?

The criminal offence of use carriage service to menace, harass or offend is finalised in the Local Court, District Court or Supreme Court. If the matter is finalised in the Local Court, the maximum penalty available is 2 years imprisonment.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including use carriage service to menace, harass or offend offences in the Local Court, District Court and Supreme Court.

WHAT ARE YOUR OPTIONS?

When facing a use carriage service to menace, harass or offend charge, you have several options in court. These include:

PLEADING NOT GUILTY:  Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

PLEADING GUILTY: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

NEGOTIATE A PLEA DEAL: We may negotiate with the prosecution to request that the charge is withdrawn, downgraded or fact sheets amended, depending on the circumstances of your case.

S14 APPLICATION: There will not be a finding of guilty should a s14 order be made. You will be diverted under the Mental Health Act 2007 (NSW) for a period of 12 months. You will avoid a criminal conviction with this option.

CONTACT US NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.