Updated: Apr 26
The offence of Using a carriage service to menace is frequently prosecuted by the Victorian Police and often in the context of family violence offences.
Using a Carriage Service to Menace or Harass is prosecuted under Commonwealth legislation
Because of the subject matter of this offence, the offence is frequently an alternative to the offence of stalking.
What the prosecution must prove for Using a Carriage Service to Menace or Harass
The elements of Section 474.17 are:
- A person uses a carriage service; AND
- The content of the communication is menacing, harassing of offensive (as determined by a reasonable person taking all the circumstances of the subject communication into account)
"Carriage service" - means a service for carrying communications by means of guided and/or unguided electromagnetic energy.
"Communication" includes any communication:
(a) whether between persons and persons, things and things or persons and things; and
(b) whether the communication is:
(i) in the form of text; or
(ii) in the form of speech, music, or other sounds; or
(iii) in the form of visual images (still or moving); or
(iv) in the form of signals; or
(v) in the form of data; or
(vi) in any other form; or
(vii) in any combination of forms.
The Penalties for Using a Carriage Service to Menace or Harass
The maximum penalty under section 474.17 of the Criminal Code for this offence is 3 years imprisonment.
Defences to Use a Carriage Service to Menace or Harass
The defences available upon a particular set of facts may include:
- Factual dispute as whether the content of the communication was menacing, harassing, or offensive.
- Factual dispute as to the identity of the person alleged responsible for sending the communication
- Mental impairment.
- Reasonable mistake of fact;
Sentencing outcomes for Using a Carriage Service to Menace or Harass
The offence is frequently heard in the Magistrates' Court, and the sentencing outcomes include:
- Bond with conviction
- Bond without conviction
Require Further Advice and or Representation for Using a Carriage Servce to Menace or Harass
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