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This is a charge that the police will often use to allege that you constantly contact or attempt to contact someone (the victim) by mobile phone. The police will usually use the evidence on the victim’s mobile phone and try and establish that you sent the messages, or made the calls.

They will usually get your phone records from your service provider (for example optus or telstra) to support what the victim says is the threatening/harrassing communications.

If you are charged with this offence, it is important that you stop contacting, or attempting to contact the victim immediately. It is likely that the police will try to obtain an AVO against you to protect the victim.

It is quite often the case that the police case against you will be based on lies and exaggeration, and overzealous victims can be caught out in cross examination.

Your options

Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

  1. You used a carriage service and
  2. You did so in a way (whether by the method of use or the content of a communication, or both) that a reasonable person would regard as being, in all the circumstances, menacing, harassing or offensive.

If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Of relevance to this offence is that:

  • “Harass” typically means to trouble or annoy by a repeated course of conduct. However, a single telephone call may be harassment depending on the contents of the words uttered, or the time and circumstances in which the call was made even if words were not uttered.
  • “Menace” means to cause a normally courageous person to feel apprehensive for their safety because of the call or calls. It isn’t necessary for a call to threaten actual harm for it to be menacing. Nor is it necessary for the communication to be made directly to the person menaced. As long as the caller intends the communication to be communicated to the ultimate recipient, it is enough.

Plead guilty

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.

Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.

The maximum penalty for this offence is two years imprisonment in the Local Court. If the matter is heard in the District Court, the maximum penalty is 3 years imprisonment.

However, Use carriage to menace is an offence that may be dealt with pursuant to section 10 of the Crimes (Sentence Procedure) Act, meaning no conviction will be recorded, there is no other penalty and you will have no criminal record. To find out more about a section 10, click here.

Generally, penalties that a court can impose for any criminal offence in NSW are:

Our client was charged with using a carriage service to menace. His ex-partner had reported to the police that text messages and phone calls she had received were harassing and menacing.

The dedicated solicitor from LY Lawyers who took on the case on made written submissions requesting that the police withdraw the charge.

The police agreed that the messages were not threatening, and did not amount to harassment, and consequently withdrew the charge against our client.

Our client avoided a defended hearing, saving him time and money.

Our client instructed our firm that a disqualification would have a detrimental effect on her family life, particularly on her child who was required to attend regularly medical treatment.

The matter proceeded before Magistrate Swaine at Fairfield. Our solicitor argued that our client had smoked cannabis a number of days prior to the offence and was not aware that cannabis can last in the blood for up to six weeks. Furthermore medical evidence was presented regarding our clients need to drive her child to medical appointments.

It was further argued our client’s good character and remorse would enable the court to be lenient on this occasion and not record a conviction

The court agreed and placed our client a bond pursuant to Section 10. No conviction meant no penalty or disqualification.

Our client was charged with driving with a illicit drug in her blood. This is a serious charge which carries a 6 months disqualification upon conviction. Furthermore our client was on her provisional licence and had her child in the vehicle at the time of the offence.

Our client instructed our firm that a disqualification would have a detrimental effect on her family life, particularly on her child who was required to attend regularly medical treatment.

The matter proceeded before Magistrate Swaine at Fairfield. Our solicitor argued that our client had smoked cannabis a number of days prior to the offence and was not aware that cannabis can last in the blood for up to six weeks.

Furthermore medical evidence was presented regarding our clients need to drive her child to medical appointments. It was further argued our clients good character and remorse would enable the court to be lenient on this occasion and not record a conviction

The court agreed and placed our client a bond pursuant to Section 10. No conviction meant no penalty or disqualification.

Our client who is a security guard was charged with using carriage service to menace and harass. This offence involves using telecommunications to harass another person.

The police alleged that during the course of one day our client had left the victim 12 voice messages, sent 17 text messages and left 6 missed calls on the victims mobile phone in relation to a property dispute. The Client instructed us to plead guilty.

One of our dedicated solicitors made submissions to Blacktown Local Court that the matter could be dealt with pursuant Section 10.

Our solicitor submitted to the Court our client’s prior good character, community contributions, early plea of guilty and remorse shown by the client.

The Magistrate agreed and recorded no conviction. A criminal conviction would have had a detrimental effect on our client’s ability to work in the security industry.

Our client continues to serve the community as a security guard.

Our client was charged with Using Carriage service to threaten her boyfriend. She had been suffering from serious depression prior, during and after the commission of the offences. She was a person of good character that was obviously not of a violent disposition.

Our solicitor sought an order for a  section 32 under the Mental Health (Forensic Provisions) Act 1990, citing that our client had received counselling from her Psychologist for months prior to the offence, and continued with that counselling during the court proceedings.

We obtained a comprehensive Psychological report detailing her condition, a suitable treatment program and prognosis for her court hearing at Sutherland Local Court in June 2015.

The case appeared before Magistrate Bugden, who agreed with our application and proceeded to discharge our client into the care of her parents.

An excellent result for our client.

Our client was charged with using a carriage service to groom a child under 16 years of age for sex, contrary to Section 474.27(1) of the Criminal Code Act 1995 (Cth).

This is a serious offence which carries a maximum penalty of 12 years imprisonment.

The victim and our client had known each other through family friends and the victim had sent a ‘friend request’ to our client through Facebook. After many friendly conversations, our client and the victim began discussing each other’s appearance and complementing each other. Our client, on one occasion, made a suggestion that he and the victim should meet to touch each other. A situation that never eventuated. However, nevertheless constituted a serious offence.

Our client pleaded guilty and was committed for sentence in the District Court before Her Honour Judge Flannery.

Fortunately, our solicitors had organised a psychologist, who we recommend highly to prepare a psychological report which assessed our client as being of a very low risk of re-offending. This greatly assisted our client as the full pre-sentence report prepared by probation and parole, using what our barrister highlighted as being an unreliable forensic test, measured our client risk as being moderate to high.

Our solicitor assisted our client to start undertaking rehabilitation in the form of counselling which was recommended by the forensic psychologist who prepared his report. This greatly assisted our client’s case as it gave Her Honour proof that our client was proactive in his rehabilitation and had strong prospects of rehabilitation.

Our client was sentenced under the Crimes Act 1914 (Cth) and received a suspended sentence for a period of 12 months upon entering a 2 year recognizance period which required him to be of good behaviour. He was required to accept the supervision of Probation and Parole and attend such forensic psychological services as directed by Probation and Parole.

Our client was charged with using a carriage service to groom a child under 16 years of age for sex contrary to section 474.27(1) of the Criminal Code Act (Cth) 1995.

This is a serious offence which carries a maximum penalty of 12 years imprisonment.

The victim and our client had known each other through family friends and the victim had sent a ‘friend request’ to our client through Facebook. After many friendly conversations, our client and the victim began discussing each other’s appearance and complementing each other. Our client on one occasion made a suggestion that he and the victim should meet to touch each other. A situation that never eventuated. However, nevertheless constituted a serious offence.

Our client pleaded guilty and was committed for sentence in the District Court before Her Honour Judge Flannery.

Fortunately our solicitors had organised a psychologist, who we recommend highly to prepare a psychological report which assessed our client as being of a very low risk of re-offending.

This greatly assisted our client as the full pre-sentence report prepared by probation and parole, using what our barrister highlighted as being an unreliable forensic test, measured our client risk as being moderate to high.

Our solicitor assisted our client to start undertaking rehabilitation in the form of counselling which was recommended by the forensic psychologist who prepared his report. This greatly assisted our client’s case as it gave Her Honour proof that our client was proactive in his rehabilitation and had strong prospects of rehabilitation.

Our client was sentenced under the Crimes Act 1914 (Cth) and received a suspended sentence for a period of 12 months upon entering a 2 year recognizance period which required him to be of good behaviour. He was required to accept the supervision of Probation and Parole and attend such forensic psychological services as directed by Probation and Parole.

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Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.
5.0
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