Using a carriage service to menace, harass or offend, can result in a criminal conviction. Read more information below. Alternatively, call us to understand how we can help you get the best possible outcome.
What is use carriage service to menace?
This charge usually relates to sending offensive emails or text messages, a large volume of messages, or repeated phone calls to an individual.
If the victim is someone you have a domestic relationship with, the offence will be associated by an Apprehended Domestic Violence Order (AVO).
Can I avoid a criminal record?
A court will likely convict you for the offence, particularly if the offence is domestic violence related.
However, for less serious examples, it is possible to avoid a criminal conviction. As a result, a conditional release order would be imposed. The likelihood of this outcome depends on the volume of the messages or phone calls, their content, the circumstances of the offence, and the subjective circumstances of the offender.
Will I go to jail?
The maximum penalty is 3 years imprisonment. However, if a Local Court deals with the charge, the maximum penalty is 12 months.
Therefore, it’s possible to go to jail for this offence, particularly if it is a domestic violence related charge and the contact occurs in the context of contravening (or breaching) an existing AVO.
If I defend the charge, what must be proved?
The prosecution must prove beyond reasonable doubt that you:
1. Used a carriage service (such as a mobile phone);
2. The carriage service was used to communicate to another person or persons in a way that is menacing, harassing or offensive;
3. A reasonable person would regard the communication as menacing, harassing or offensive.
Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted under duress or out of necessity.
We can help
We are committed to helping you obtain the best possible outcome for your case. Contact us today on 0421 700 497 for a free initial consultation.
