It is an offence to use a carriage service to menace, harass, or offend another person. This offence is governed by Section 474.17 of the Criminal Code Act 1995 (Cth) and carries various penalties, including up to 3 years’ imprisonment.

Elements

To secure a conviction, the prosecution must prove beyond reasonable doubt that:

• The accused used a carriage service.
• The communication was intended to menace, harass, or offend.
• A reasonable person would view the communication as menacing, harassing, or offensive.

What Do These Terms Mean?

• Menacing: Behaviour that would make a reasonable person feel threatened or fearful.
• Harassing: Repeatedly troubling, disturbing, or annoying someone. In some cases, even a single act can amount to harassment depending on its content and timing.
• Offensive: Conduct that would insult, outrage, or seriously offend a reasonable person.

Penalties

The maximum penalty for this offence is 3 years’ imprisonment.

Other sentencing options available to the court may include:

• Fines
• Community Corrections Orders (CCOs)
• Intensive Corrections Orders (ICOs)
• Good Behaviour Bonds
• Conditional Release Orders

Possible Defences

Defences may be available depending on the circumstances. These include:

• The accused did not use a carriage service.
• The conduct was not objectively menacing, harassing, or offensive.
• The accused was acting in the course of a legal duty.
• The prosecution cannot prove the identity of the sender beyond reasonable doubt.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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