Use Carriage Service to Threaten, Harass, Offend or Menace

Use Carriage Service to Threaten, Harass, Offend or Menace

Our use carriage service to threaten, harass, offend or menace lawyers have years of experience in vigorously defending these charges. These offences commonly occur in a domestic violence context. You can look at our recent results for some examples of recent successful cases we have conducted.

We have an outstanding track record of getting charges dropped early to bring you peace of mind. We also have an unmatched record of obtaining non-convictions when our clients wish to plead guilty. Contact us now to discuss your case with a specialist criminal lawyer.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Use Carriage Service to Threaten, Harass, Offend or Menace?

  Use carriage service to menace is when a person uses electromagnetic energy to menace, harass or cause offence. Examples include emails, text messages, phone calls and social media communications.

  What is a Carriage Service?

  A carriage service includes a mobile phone, email, social media account or other similar electronic forms of communication.

  What Does ‘Threaten, Menace, Harass or Offend’ Mean?

  What conduct constitutes threaten, menace, harass or offend is a question of fact. You will require a specialist criminal lawyer to examine all the evidence in order to make a determination as to whether your conduct falls into any of these categories. Contact us now to speak to one of our experienced criminal lawyers today.

  How to Beat a Use Carriage Service to Threaten, Harass, Offend or Menace Offence?

  Sections 474.15, 474.16 and 474.17 of the Criminal Code 1995 (Cth) sets out that the prosecution must prove the following elements in order to establish a use carriage service to menace, harass or offend charge:

  1. You used a carriage service; and
  2. Your use was harassing, menacing or offensive in the circumstances; and
  3. You intended to menace, harass or offend.

  Defences to Use Carriage Service to Threaten, Harass, Offend or Menace?

  The following defences to Use Carriage Service to Threaten, Harass, Offend or Menace apply:

  1. Intent: you did not intend to use the carriage service to menace
  2. Identification: Police cannot prove you were responsible for using the carriage service (eg. they cannot prove you sent the messages)
  3. Duress: You were forced to commit the offence
  4. Necessity: Your actions were necessary in the circumstances

   

  Our lawyers have years of experience in finding defences for our clients. Contact us now to have an initial consultation with a specialist use carriage service lawyer.

• PLEADING GUILTY

  If pleading guilty, you can consult our guide for some general points on what to prepare. However, ideally you should speak to an experienced criminal lawyer who can advise you and represent you in Court. Contact us now to speak to our team today.

   

  What is the Maximum Penalty for Use Carriage Service to Threaten, Harass, Offend or Menace?

  The maximum penalty for Use Carriage Service to Threaten, Harass, Offend or Menace is 5 years imprisonment.

  In the Local Court there is a jurisdictional limit of 2 years gaol for a single offence.

  Sentencing for Use Carriage Service to Threaten, Harass, Offend or Menace?

  Below is a list of possible sentencing options for a charge of Use Carriage Service to Threaten, Harass, Offend or Menace:

  1. Section 19B non conviction
  2. Fine
  3. Section 20 Conditional Release (with conviction)
  4. Community Correction Order
  5. Recognizance Release Order (suspended sentence)
  6. Intensive Corrections Order
  7. Full Time Imprisonment

  Can You Go to Jail for Use Carriage Service to Threaten, Harass, Offend or Menace?

  Yes, you can go to jail or Use Carriage Service to Threaten, Harass, Offend or Menace. Looking at 210 sentencing cases in the Local Court from the last 5 years, 20% of people received no conviction for use carriage service to menace. The remaining offenders all received convictions. 10% of offenders were sentenced to some form of imprisonment.

  Avoiding a criminal conviction is not easy. That is why it is important that you speak to one of our highly experienced criminal defence solicitors for use carriage service to menace charges to obtain the best possible outcome.

FAQ

Is Facebook a carriage service?

Yes. If you message or call someone through Facebook messenger, you can be found guilty of using a carriage service to menace, harass or offend. This also applies to Instagram, Whatsapp, Snapchat and any other application that can be used to message someone.