Using a carriage service to menace, harass or cause offence refers to emails, text messages and calls and social media communications. This list however is not exhaustive and as this offence such is given quite a broad definition which covers most electronic communications.
Some examples of using carriage service to offend, harass or menace include:
An offence of using a carriage service to menace, harass or cause offence is a Commonwealth offence which means it can be dealt with both in the Local Court or on election on indictment by the Department of Public Prosecutions (DPP) in the higher courts (District or Supreme).
“Harass” typically means to trouble or annoy by a repeated course of conduct. However, a single telephone call may be harassment depending on the contents of the words uttered, or the time and circumstances in which the call was made even if words were not uttered.
“Menace” means to cause a normally courageous person to feel apprehensive for their safety because of the call or calls. It isn’t necessary for a call to threaten actual harm for it to be menacing. Nor is it necessary for the communication to be made directly to the person menaced. As long as the caller intends the communication to be communicated to the ultimate recipient, it is enough.
The offence of "using a carriage service to menace, harass or cause offence," is a Commonwealth offence and is contained in section 474.17 the Criminal Code Act 1995 (CTH) which states: "a person is guilty of an offence if:
The maximum penalty for using a carriage services of offend, harass or menace is a prison sentence of up to 2 years (if heard in the Local Court) or up to 3 years (If heard in the District Court).
Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.
In NSW, a court can impose any of the following penalties.
Since Use Carriage Service to Menace is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted of Using a Carriage Service to Offend, Harass or Menace
The prosecution must prove that:
Some of the defences available for using a carriage services of offend, harass or menace are:
For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal Lawyers® offers the following options:
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