Our experienced criminal lawyers are committed to helping you obtain the best possible outcome for your case. If you’ve been charged with use carriage service to threaten serious harm, call us for a free initial consultation.
What is Use Carriage Service to Threaten to Cause Serious Harm?
This charge relates to using a device such as a mobile phone or computer, to send a message to another person that includes a threat of serious harm. In other words, making a threat to seriously hurt someone via:
- Text message
- Social media
- Phone call
- Leaving a voicemail
The maximum penalty is 7 years imprisonment. Therefore, it is a serious criminal offence.
This charge often occurs in a domestic context. As a result, the charge will be associated by an Apprehended Domestic Violence Order (AVO).
Can I avoid a criminal record for using a carriage service to threaten to cause serious harm?
A conviction will usually be recorded, particularly if the offence is domestic violence related.
The outcome will depend on the circumstances of the offence, and the subjective circumstances of the offender. If the offence occurs in the context of breaching an existing AVO, it will be dealt with more seriously.
However, most offenders will receive a conditional release order or community corrections order for this offence.
Will I go to jail?
It is possible to go to jail for this charge. In particular, the risk is high if it is a domestic violence related charge and the contact occurs in the context of contravening or breaching an existing AVO. However, there are alternatives to full time imprisonment, such as an intensive corrections order.
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. To communicate to another person a threat to cause serious harm to that person, or another person;
3. The threat was intended to cause the person to fear that the threat will be carried out.
Therefore, you will be found not guilty if the prosecution is unable to prove these elements.
We can help
Our lawyers are experts in representing offenders charged with criminal offences. In addition, we take the time to ensure you are informed and consulted every step of the way.
Contact us today on 0421 700 497 for a free initial consultation.
