Section 474.14 Criminal Code Act 1995
Use Telecommunications Network with Intent to Commit Serious Offence

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Using a telecommunications network with intent to commit a serious offence is a crime under section 474.14(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty equivalent to that which applies to the serious offence committed.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You connected equipment to a telecommunications network
  2. You intended by doing so to commit, or facilitate the commission of, an offence by you or another person, and
  3. The offence was a serious offence against a law of the Commonwealth, a State or a Territory, or a serious offence against a foreign law.

A ‘telecommunications network’ is a system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy, which includes telephone and internet networks.

A ‘serious offence against a law of the Commonwealth, a State or a Territory’ is an Australian offence that carries a maximum penalty of at least 5 years imprisonment.

A ‘serious offence against a foreign law’ is an offence against the law of a foreign country constituted by conduct that if it had occurred in Australia would be punishable by a maximum penalty of at least 5 years in prison.

You may be found guilty even if committing the offence was impossible.

Duress and necessity are defences to the charge.


Using equipment connected to a telecommunications network to commit a serious offence is a crime under section 474.14(2) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty equivalent to that which applies to the serious offence committed.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You used equipment connected to a telecommunications network
  2. You did so in the commission or facilitation of an offence by you or another person, and
  3. The offence committed or facilitated was a serious offence against a law of the Commonwealth, a State or a Territory, or a serious offence against a foreign law.

A ‘telecommunications network’ is a system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy, which includes telephone and internet networks.

A ‘serious offence against a law of the Commonwealth, a State or a Territory’ is an Australian offence that carries a maximum penalty of at least 5 years imprisonment.

A ‘serious offence against a foreign law’ is an offence against the law of a foreign country constituted by conduct that if it had occurred in Australia, would be punishable by a maximum penalty of at least 5 years in prison.

You may be found guilty even if committing the offence was impossible.

Duress and necessity are defences to the charge.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Use Telecommunications Network with Intent to Commit Serious Offence matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

474.14 Using a telecommunications network with intention to commit a serious offence

(1) A person is guilty of an offence if:
(a) the person:
(i) connects equipment to a telecommunications network; and
(ii) intends by this to commit, or to facilitate the commission of, an offence (whether by that person or another person); and
(b) the offence is:
(i) a serious offence against a law of the Commonwealth, a State or a Territory; or
(ii) a serious offence against a foreign law.

(2) A person is guilty of an offence if:
(a) the person uses equipment connected to a telecommunications network in the commission of, or to facilitate the commission of, an offence (whether by that person or another person); and
(b) the offence is:
(i) a serious offence against a law of the Commonwealth, a State or a Territory; or
(ii) a serious offence against a foreign law.

(3) A person who is guilty of an offence against subsection (1) or (2) is punishable, on conviction, by a penalty not exceeding the penalty applicable to the serious offence.

(4) Absolute liability applies to paragraphs (1)(b) and (2)(b).

Note:     For absolute liability, see section 6.2.

(5) A person may be found guilty of an offence against subsection (1) or (2) even if committing the serious offence is impossible.

(6) It is not an offence to attempt to commit an offence against subsection (1) or (2).

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

    Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

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  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

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  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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