Have you received a charge sheet from the police?

 

The police may have given you a Notice to Appear or a Complaint and Summons notifying you of your court date and location. If you have been charged with an offence of using a carriage service to menace, harass, or offend, early advice from experienced criminal lawyers will affect the outcome of your case.

What are carriage service offences?

Division 474 of the Criminal Code 1901 (Cth) legislates telecommunications offences.

As determined by the law, a carriage service is a service for carrying communications through guided and/or unguided electromagnetic energy. This can include: sending material using a mobile service, such as by calls or text messages; the internet, such as through social media; and using email services.

Examples of potential criminal acts using a carriage service include:

  • Sending unsolicited private sexual material

  • Yelling insults or threats over the phone

  • Threaten actual harm using a carriage service

  • Sending abusive or rude texts over phone or social media 

  • Making written threats 

  • Sending graphic or violent images or videos 

  • Harassing current or former domestic relationships through carriage service 

  • Texting or calling a person excessively

 

What is using a carriage service to menace, harass or offend?

The law provides that a person commits using a carriage service to menace, harass, or cause offence, as determined by reasonable persons, 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 a reasonable person would regard as being, in all the circumstances, menacing, harassing or offensive.

 

What are the penalties for using a carriage service to menace?

If you are found guilty beyond a reasonable doubt of using a carriage service to menace, harass, or offend, there are several different penalties which could apply under the Criminal Code Act.

For using a carriage service to menace, harass, or cause offence without sexual material, the maximum penalty is 5 years imprisonment according to criminal law. 

For using a carriage service to menace, harass, or cause offence with sexual material, the penalty is imprisonment for 6 years for a standard aggravated offence, or imprisonment for 7 years for a special aggravated offence.

The maximum penalties are prescribed for the most serious category of these offences. If you plead guilty or are found guilty, other penalties available to the court include: a bond, fines, probation, or orders for reparation, restitution, or compensation. Contact us to discuss the facts of your case with our senior criminal defence lawyers.

Common Questions

IF I HAVE BEEN CHARGED WITH USING A CARRIAGE SERVICE TO MENACE, HARASS, OR OFFEND, SHOULD I PLEAD GUILTY OR NOT GUILTY?

Our lawyers have extensive experience in defending all criminal charges and usually the options are to plead guilty, not guilty, or negotiate. After considering the evidence and speaking to you, we can give advice about your options. Our advice will include consideration of the strength of the evidence.

Clients will also consider their own personal circumstances when making a decision such as: the cost and time of taking a matter to trial, the effect on their travel and work if they were to plead guilty, the ramifications on their family if they were to be imprisoned, and the stress of protracted legal proceedings. Most clients prefer to end a matter early through negotiations if this is an option. We are very familiar with the court processes and dealing with the prosecutor’s office and regularly negotiate outcomes for clients.

IF I PLEAD GUILTY, WHAT WILL THE COURT CONSIDER IN DECIDING THE PENALTY?

If you plead guilty, the court will take into account a number of factors including:

  1. The plea of guilty – the court gives a discount on the penalty for having saved court time and resources

  2. The nature and circumstance of the offence – how serious it is

  3. The personal circumstances of the victim

  4. Personal and general deterrence – the penalty necessary to deter you personally and the public in general from committing this offence in the future

  5. Your character, antecedents, age, means, and physical or mental condition

  6. Your prospects of rehabilitation

In preparation for any sentencing, we will work extensively with you to understand your background and arrange material such as doctor records, work records, and character references to assist in arguing the least penalty.

WHAT CONDUCT IS CONSIDERED MENACING, HARASSING, OR OFFENSIVE?

Examples of conduct which have been menacing, harassing or offensive include making phone calls with threats to kill or harm, and sending excessive emails.

Usually, this type of charge will occur in circumstances where the defendant and victim are known to each other. This includes in a relationship, family, friends, or work colleagues. These charges may not always occur on its own and there are often related charges such as wilful damage, stalking, and threats which the police may charge together. You might not be guilty for all charges, and it is important to speak to a criminal defence lawyer to ensure that you have not been double-charged as this could affect the outcome.

‘Menacing’ usually implies a serious potential effect upon the recipient, being one which causes apprehension, if not fear, for the recipient’s safety.

‘Harassing’ is conduct which is unwelcome and unwanted and is usually repeated, although a single phone call or message could also be harassing depending on the time and circumstances it was made. It is usually conduct which troubles or annoys the recipient. 

‘Offensive’ is conduct which is likely to have a serious effect upon the emotional well-being of the recipient.  It is not sufficient if the use would only hurt or wound the feelings of a recipient. It needs to cause real emotional mental harm, distress, or anguish. It needs to cause a significant emotional reaction or psychological response, ranging from shock, to anger, hate, disgust, resentment, or outrage. It could include provocation, anxiety, fearfulness, and insecurity. It needs to be more than hurt feelings.

These definitions are interpreted widely and it is important to seek legal advice before you decide to plead guilty or not guilty to ensure that the alleged conduct is illegal and whether it can be proven by the prosecutor based on the evidence in your specific criminal case.