Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Use Carriage Service to Menace, Harass, Offend
The offence of “using a carriage service to menace, harass, or cause offence” carries a maximum penalty of three years imprisonment.
The Offence of Use Carriage Service to Menace, Harass, Offend
The offence of use carriage service to menace, harass or offend is contained in section 474.17 of the Criminal Code contained in schedule one of the Crimes Act 1914 (Cth) and states that a person commits an offence if:
- the person uses a carriage service; and
- the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.
What Actions Might Constitute Using a Carriage Service to Menace, Harass or Cause Offence?
Examples of using a carriage service to menace, harass or offend include:
- calling random phone numbers and yelling insults or threats at the person who picks up;
- posting a Facebook status calling someone ugly and stupid;
- sending dozens of text messages each day to a woman who doesn’t want to go on a second date with you; and
- posting a photograph of your ex-girlfriend on Reddit with the caption “roast me” and posting the link to her social media accounts.
What the Police Must Prove
For a court to find a person guilty of use carriage service to menace, harass or offend the prosecution must prove each of the following matters beyond a reasonable doubt:
- that they used a carriage service;
- that the content of the communications was menacing, harassing or offensive; and
- that a reasonable person would consider what they did to be menacing, harassing or offensive.
The act provides that the offence is aggravated if the use of a carriage service involves private sexual material. Where the offence is an aggravated offence, the maximum penalty is five years imprisonment.
The most commonly argued defences to these charges are:
- that you did not do the acts alleged;
- that you did not use a carriage service;
- that a reasonable person would not consider that what you did as menacing, harassing or offensive; or
- in the case of the aggravated offence, to argue that the material was not private sexual material.
Other defences may be arguable in particular circumstances.
Which Court Will Hear the Matter?
The offence is an indictable offence. However, section 4J of the Crimes Act 1914 (Cth) provides that upon the consent of both the Prosecution and the Defence, the matter can be dealt with in a court of summary jurisdiction, that is, a Local Court.
If the offence is dealt with in the Local Court he maximum penalty is 12 months imprisonment.
The maximum penalty for using a carriage service to menace is 3 years imprisonment or 5 years imprisonment for the aggravated offence is five years . However courts can also order:
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Service Order (CSO)
- Community Corrections Order (CCO)
If you require legal advice about offences involving using a carriage service to menace, harass or offend or any other legal matter, please call Armstrong Legal on 1300 038 223 or send us an email.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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