Use carriage service to threaten to kill we usually be charged as a domestic or personal violence offence. As a result, you will receive the criminal charge as well as an AVO. We’ve provided more information below. If you need advice, contact us to speak with one of our experienced criminal lawyers.
What is Use Carriage Service to Threaten to Kill?
It relates to using a device such as a mobile phone or computer, to send a message to another person that includes a threat to kill. In other words, making a threat to kill via:
- Text message
- Social media
- Phone call
- Leaving a voicemail
The maximum penalty is 10 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 Use Carriage Service to Threaten to Kill?
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.
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. The carriage service was used to communicate to another person a threat to kill that person or another person;
3. The threat was made to intentionally 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 experienced lawyers regularly appear in criminal matters in the Local Court and District Court throughout Sydney, Newcastle and New South Wales.
Contact us today on 0421 700 497 for a free initial consultation.
