Aggravated Use of Carriage Service to Menace, Harass or Offend is a crime under Section 474.17A of the Criminal Code Act 1995 which carries a maximum penalty of 5 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘carriage service’ is defined as:
‘a service for carrying communications by means of guided and/or unguided electromagnetic energy’ which includes telephone calls, text messages and internet transmissions, such as emails and the use of social media sites.
The use is ‘menacing’ if it includes:
An express or implied threat of detrimental or unpleasant conduct which is likely to cause the other person to act unwillingly.
The use is ‘offensive’ if a reasonable person would regard it as being so the matters to be considered when deciding whether the use is offensive include:
The legislation does not define ‘harass’ however, it has been defined as:
‘to disturb, bother or pester repeatedly’.
‘Private sexual material’ is that which depicts:
Defences to the charge include:
Great company, highly recommended. Prompt, professional, courteous and knowledgeable. Extremely helpful.
Fahim Khan is very professional and very knowledgeable. He provides advice in a timely manner…
I was represented by Fred Cao for a legal matter of 2 charges of Common…
Kent Park represented my son on his second serious offence recently. From the start Kent…