Use Carriage Service to Menace

The Law

The offence of “using a carriage service to menace, harass or cause offence,” is a Commonwealth offence and is contained in section 474.17 of the Criminal Code Act 1995 (CTH) which states: “a person is guilty of an offence if:

• The person uses a carriage service; and
• The person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.”

Jurisdiction / Case Law

An offence of Use Carriage Service to Menace is a Commonwealth offence which means it can be dealt with both in the Local Court or on election on indictment by the Department of Public Prosecutions (DPP) in the higher courts (District or Supreme).

“Harass” typically means to trouble or annoy by a repeated course of conduct. However, a single telephone call may be harassment depending on the contents of the words uttered, or the time and circumstances in which the call was made even if words were not uttered.

“Menace” means to cause a normally courageous person to feel apprehensive for their safety because of the call or calls. It isn’t necessary for a call to threaten actual harm for it to be menacing. Nor is it necessary for the communication to be made directly to the person menaced. As long as the caller intends the communication to be communicated to the ultimate recipient, it is enough – Plead guilty.

What must the prosecution prove?

Since Use Carriage Service to Menace is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish the Use Carriage Service to Menace offence, the prosecution must prove each of the following matters beyond reasonable doubt:

• used a carriage service; and
• in a way that would cause a reasonable person to feel menaced, harassed or offended.

If you are charged with the offence of Use Carriage Service to Menace, what are your options?

National Criminal Lawyers have had hundreds of successful results with clients who have been charged with Using a Carriage Service to Menace, Harass or Cause Offence, including successful applications where the police had to pay for our clients’ legal fees.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Use Carriage Service to Menace:

1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Please contact us now for more information about your options.