Using A Carriage Service To Menace, Harass or Offend

Generally, options are to plead guilty, not guilty, or negotiate.

After considering the evidence and speaking to you, our experienced criminal lawyers will discuss with you your priorities, and give you advice about the options.

Most clients will balance factors such as time, costs, and risks when deciding to plead guilty or not guilty.

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.

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.

Penalties can vary depending on the facts. Our experienced lawyers have had success in arguing penalties ranging from a bond, fines, or probation orders.

If you are convicted, there is a high risk of a conviction being recorded. This is because the charge is a Commonwealth offence (as opposed to a Qld offence).

This means, a conviction is automatically recorded unless you have successfully argue a bond. As such, this charge can carry a high risk for many people especially when a conviction may affect employment or travel.

Commonwealth offences are a very technical area of criminal law and it is crucial to seek advice from a experienced cybercrimes criminal lawyer.