Using a carriage service, such as a phone, to harass, menace or offend is a Commonwealth offence under section 474.14 of the Criminal Code.
If you have been charged with use carriage to harass, it is recommended that you consider seeking legal advice from Nardi Lawyers to help achieve the best outcome.
The elements of Use Carriage Service to Harass
In order for an individual to be found guilty of Use Carriage Service to Harass the following elements of the offence must be proven by the Prosecution, beyond reasonable doubt:
– The accused used a carriage service; and
– The accused used a carriage service in a manner that a reasonable person would regard as being menacing, harassing or offensive.
Actions which may lead to a Use Carriage Service to Harass charge
– Repeatedly contacting someone via phone call, text message or social media; and
– Threatening or abusive phone calls, messages or voicemails.
Defences to Use Carriage Service to Harass
The main defence to this charge is that a reasonable person would not regard the conduct as being menacing, harassing or offensive.
This is a defence which is utilised on a case-by-case basis. If you have been charged with use carriage service to harass and believe this defence is applicable to you, we suggest you call Nardi Lawyers so we can review your matter in detail.