Content warning: Some information in this article may be sensitive to children or younger audiences. We only intend to inform our readers about using a carriage service to menace. Please read with caution.
What does it mean when someone is using a carriage service to menace? Let’s first define the legal terms “carriage service” and “to menace”.
- Carriage service: This may be a device or any electronic communication method such as phones, computers, or social media platforms.
- To menace: This means to harass, scare, or upset.
Simply put, using a carriage service to menace is to harass someone using devices or social media platforms. Modern technology has made it easier for people to communicate and progress with their daily activities. However, it has also made it easy for people to hide behind anonymous names and harass or scare people online.
This does not have to be as explicitly harm-threatening behaviour. It can also rely on the message being relayed to the target. Authorities judge the offensiveness of the content according to the ‘reasonable person’ standard, which in law has a specific meaning. Reasonable persons are contemporary and have some demonstrable tolerance and understanding.
In this article, we will provide a comprehensive overview of this offence, including what it entails, how it is prosecuted, and what penalties one may face if convicted.
Key takeaways:
- Using a carriage service to menace in Australia is a criminal offence that can carry a maximum penalty of ten years imprisonment.
- The person commits the offence when he/she uses a carriage service. This may include a phone, computer, or social media platform, to send messages that are intended to menace, harass, or offend another person.
- The messages can be in any form, including text messages, emails, voicemails, or social media posts.
- To prove the offence, the prosecution must show that the person intended to cause the other person to feel apprehensive or intimidated by the messages.
- There are a number of things that victims of this offence can do, such as reporting the matter to the police, blocking the offender, and seeking support from a criminal lawyer.
What Does the Criminal Code Act 1995 Say?
According to the Criminal Code Act 1995, there are various types of offences related to using a carriage service to menace. Below is a table that sets out the offence type and respective penalties.
| Offence Name | Description | Penalty |
| Making a hoax threat using a carriage service | A person commits this offence if they use a carriage service to send a message that they intend to make people believe that an explosive or other dangerous substance has been or will be left somewhere. | 10-year imprisonment |
| Using a carriage service to menace, harass or cause offence | A person commits this offence if they use a carriage service in a way that would be considered menacing, harassing, or offensive by reasonable people. This could include the method of use, the content of the communication, or both. | 5-year imprisonment |
| Aggravated offences involving private sexual material | A person commits an offence if they: – Commit the offence of using a carriage service to menace, harass, or cause offence – The offence involves the transmission, making available, publication, distribution, advertisement, or promotion of private sexual material. | 6-year imprisonment |
Using a Carriage Service to Menace: Examples
- Repeatedly sending text messages or emails to someone, even after they have asked you to stop.
- Sending threatening messages to someone, such as saying that you will harm them or their loved ones.
- Posting embarrassing and private information about someone on social media without the victim’s consent.
- Making harassing phone calls to someone, such as calling them late at night or repeatedly calling them within a short period of time.
- Sending threatening or abusive messages to someone online, such as in a chat room or on a social media platform.
- Stalking someone online by monitoring their activity or sending them unwanted messages.
- Posting revenge porn of someone online without their consent.
- Making fake social media accounts in someone’s name and using them to spread lies or rumours about them.
- Using a carriage service to impersonate someone else and send threatening or offensive messages to others.
What Must the Prosecution Prove?
What must the prosecution prove to find someone guilty of using a carriage service to menace? They must prove that the alleged offender, beyond a reasonable doubt:
- Used a carriage service, such as a phone, computer, or social media platform
- Used the carriage service in a way that reasonable people would consider “menacing”
- Intended to menace the other person in particular circumstances
The prosecution may be able to prove this alleged offence by looking at the content of the messages, the method of use, or both. For example, if the person sent repeated threatening messages, or if they sent the messages at night or early in the morning, this may be evidence that they intended to menace the other person.
The prosecution may also be able to prove the alleged offence by looking at the victim’s reaction to the messages. For example, if the victim felt scared or threatened by the messages, this may be evidence that the person intended to menace them.
If the police are able to prove these elements, then the person may be found guilty of using a carriage service to menace. Here are some examples of evidence that the police may use to prove the offence of using a carriage service to menace:
- Screenshots or printouts of the messages that the person sent.
- Phone records or computer logs showing that the person sent the messages.
- Witness testimony from the victim or other people who saw the messages.
- Expert testimony from a psychologist or other mental health professional about the impact that the messages had on the victim.
Using a Carriage Service to Menace: FAQs
Q: What is the difference between using a carriage service to menace and stalking?
Using a carriage service to menace is a separate offence from stalking, although the two offences are related. Stalking involves a pattern of behaviour that causes fear or distress to another person while using a carriage service to menace involves using electronic communication services to menace, harass, or cause offence.
Q: What should I do if I have been charged with using a carriage service to menace?
A: If you have are facing a charge of using a carriage service to menace, it is important to seek legal advice from an experienced criminal defence lawyer. A lawyer can help you understand the charges against you, advise you on your legal options, and represent you in the Local Court, District Court, or Supreme Court.
How Our Criminal Lawyers Can Help
Using a carriage service to menace is a serious crime and has a negative impact on victims. If you are the victim of using a carriage service to menace, it is important to seek help from JB Solicitors. Our criminal lawyers can help you gather evidence and use them against the offender in court in all the circumstances involved.
Contact us today for all your criminal law matters.
