What is Use carriage service to menace ?

Use carriage service to menace occurs when a person uses guided and/or unguided electromagnetic energy to menace, harass or cause offence. In layman terms, this refers to emails, text messages and calls and social media communications. This list however is not exhaustive and as this offence such is given quite a broad definition which covers most electronic communications.

Some examples of using carriage service to menace include:

  • Continual or constant phone calls, texts or Facebook messages; or
  • Threats to cause harm to that person or another person or their property, offensive language or offensive topic of discussion.

Case law/Jurisdiction
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.

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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 of Use Carriage Service to Menace

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

That you:

  • Used a carriage service; and

In a way that would cause a reasonable person to feel menaced, harassed or offended.

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 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.”

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

If you are charged with the offence of Use carriage service to menace what are your options?

National Criminal Lawyers have been successful in defending hundreds of Use Carriage Service to Menace charges where the prosecution could not establish each of the elements of Use Carriage Service to Menace. We have also achieved a number of non-convictions for Use Carriage Service to Menace charges.

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.

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Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Use Carriage Service to Menace offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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