WHAT IS USING A CARRIAGE SERVICE TO MENACE, HARASS OR OFFEND ANOTHER PERSON?

The offence of use carriage service to menace, harass or offend is contained in section 474.17 of the Criminal Code contained in schedule one of the Criminal Code Act 1995 and states that a person commits an offence if:

• You use a carriage service, and

• You do so in a way —whether through the manner of use, the content of your communication, or both— is considered by reasonable individuals to be menacing, harassing, or offensive under the circumstances.

Some examples of menacing, harassing or offensive behaviours may include:

• Repeatedly contacting someone via phone or social media

• Calling someone to insult, yell at, or threaten them

• Posting offensive language or content online or through text messages

• Making constant phone calls, sending texts, or sending unwanted social media messages to someone

• Forwarding or sending unwanted images to another person

THE PENALTY FOR USE CARRIAGE SERVICES OFFENCE?

Any individual that engages in use of carriage services to menace, harass or offend another person will be punishable up to 3 years of imprisonment.

For use of carriage services that are aggravated, such as threatening to kill or involvement of private sexual material, the offence is punishable up to 5 years of imprisonment.

However, in suitable circumstances the court can consider a lighter sentence that may involve:

• Intensive Corrections Order (ICO)

• Suspended Sentence

• Community Corrections Order (CCO)

• Fine

• Good Behaviour Bond

GUILTY PLEA

To be found guilty, the prosecution must prove beyond reasonable doubt that:

1. That you used a carriage service,

2. That the content of the communications was menacing, harassing or offensive; and

3. That a reasonable person would consider what you did to be menacing, harassing or offensive.

If the prosecution proves the offences occurred and you decide to plead guilty to them, they will present a Police Fact Sheet to the Magistrate. You will have the chance to review this fact sheet carefully and agree to its conditions. If you dispute any details, you should discuss them after obtaining permission from the prosecutor. Minor disagreements might be resolved with amendments, but significant changes could require a hearing and the involvement of witnesses.

NON GUILTY PLEA

If you plead not guilty to the use of carriage of service charge, the case will be adjourned to a 'hearing date.' Prior to this hearing date, it is crucial to seek a criminal legal team and work closely with them to gather evidence, statements and other relevant documents that may assist with proving your innocence and develop a defence strategy against the DPP.