Carriage Service Offence Lawyers | Elite Defence Lawyers
The offence of using a carriage service to menace, harass or offend is criminalised by section 474.17 of the Criminal Code Act 1995 (Cth). It is a ‘Commonwealth’ offence and is applicable Australia-wide.
Depending on the particulars of the case, whilst it is understandable to be stressed and anxious about the situation, being charged does not mean a criminal record is inevitable. However, the potential penalties do include terms of imprisonment, so it is integral to obtain urgent legal advice. Elite Defence Lawyers offers free consultations and are available 24/7 to assist.
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A carriage service is defined in the legislation as ‘a service for carrying communications by means of guided and/or unguided electromagnetic energy’. This includes telephone calls, text messages, emails, social media, and internet-based messaging services such as Facebook or iMessage.
Examples of using a carriage service to menace/harass/offend include calling someone and threatening them, cyberbullying, constantly and repeatedly calling or texting someone who has asked you not to contact them, or posting offensive material (i.e., explicit or degrading).
It has been held that conduct will be considered -
Menacing = where the conduct has a serious potential effect on the receiver, such as apprehension or fear for their safety, according to an objective standard of a reasonable person.
Harassing = where the conduct is voluminous and repeated.
Offensive = where the conduct is likely to ‘arouse significant anger, significant outrage, disgust, or hatred in the mind of a reasonable person in all the circumstances’
The Prosecution are required to prove, beyond a reasonable doubt, that:
You used a carriage service;
That the content of the communications was menacing, harassing or offensive; and
That a reasonable person would consider what you did to be menacing, harassing or offensive.
The ‘reasonable person’ test is an objective standard. This means that the prosecution does not need to prove that you intended to be menacing, harassing or offensive, or that the recipient of the communication necessarily felt menaced, harassed, or offended. When assessing whether the conduct ought to be considered menacing, harassing or offensive, the court will have regard to all of the circumstances of the matter.
The Act also specifies an ‘aggravated’ version of this offence (under section 474.17A) where the commission of the offence involves the ‘transmission, publication, distribution, advertisement or promotion of material’ that is ‘private sexual material’.
Private sexual material refers to a material that depicts an adult person engaged in (or appears to be engaged in) a sexual pose or sexual activity in circumstances in which reasonable persons would have an expectation of privacy. It also includes material that mainly depicts an adult’s sexual organ, anal region, or the breasts of a female, in circumstances in which reasonable persons would have an expectation of privacy.
Contact a member of our team today for a free consultation. We assess your case, and begin advising on how we’re able to assist in obtaining the results you deserve. Fill out a form on our contact us page, or contact us directly for more information.
The maximum penalty for this offence is three years’ imprisonment. If the offence is aggravated, the maximum penalty applicable is instead five years’ imprisonment.
However, most matters involving a charge of using a carriage service to menace/harass/offend will be dealt with in the Local Court. In the Local Court, the maximum penalty is limited to one year imprisonment and/or an $18,780 fine.
Cases of Using a Carriage Service to Menace, Harass or Offend can be dealt with in the Local Court if the prosecution and defence consent to this course. Practically, this means that most offences of this type are dealt with summarily in the Local Court. On the first mention date, you will be able to enter a plea of Guilty or Not Guilty in relation to the offence. If you enter a plea of Guilty, in most circumstances, the matter will be able to proceed to a Sentence on the same date.
If you enter a plea of Not Guilty, the matter will be adjourned for the police to serve a brief of evidence. This may contain telecommunication records, screenshots of posts or messages, statements from police officers, witness statements, police body-worn video, and any other relevant materials. Once the evidence is served, the matter will be set down for a Hearing, which is a court date set aside for the Local Court Magistrate to determine whether the police have proven their case beyond a reasonable doubt.
With the right legal support, many cases resolve favourably before reaching a hearing.
It is important to obtain legal advice prior to the first court date, so you can be accurately advised before entering any pleas formally in court. It can also provide the opportunity for a lawyer to assess whether negotiations occur with the police to seek charges to be withdrawn, downgraded, or resolved early. Early preparation can affect whether charges are withdrawn, downgraded, or result in a conviction
Some common defences to the charge of Using a Carriage Service to Menace, Harass or Offend are:
That you did not do the acts alleged (i.e., mistaken identity or false allegation),
That you did not use a carriage service,
The communications should not be considered menacing, harassing or offensive,
In the case of the aggravated offence, to argue that the material was not private sexual material.
Other defences may be arguable in particular circumstances. Lawyers can seek to negotiate with the police, seeking reduced charges or withdrawals.
If you have been charged with using a carriage service to menace/harass/offend, it is important to:
Create a record of all relevant communications (i.e., calls, texts, social media posts),
Do not delete or block any accounts or devices that may be relevant,
Write down and document your version of the events immediately,
Avoid any contact with the complainants or alleged victims,
Contact a lawyer.
Carriage service offences, such as using the internet or phone for threats, harassment, or offensive messages, are prosecuted under Commonwealth law and carry serious consequences. Defending these charges requires experience in technology-based offences and a precise legal strategy.
At Elite Defence Lawyers, we have extensive experience handling carriage service matters in courts across NSW. Our approach is strategic and client-focused, ensuring that every defence is tailored to your unique circumstances. We fight to achieve the best outcomes, including withdrawn charges, conditional dismissals, and reduced penalties.
What sets us apart? We offer free consultations, so you understand your options up front, as well as fixed fees with no surprises. Don’t wait until it’s too late—early advice can significantly impact your result. Contact Elite Defence Lawyers today for trusted representation in your carriage service case.
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