Using a Carriage Service to Menace, Harass or Cause Offence | Section 474.17 Criminal Code
Charged with using a carriage service to menace, harass or offend?
Under section 474.17 of the Criminal Code Act 1995 (Cth), this is a serious Commonwealth offence carrying a maximum penalty of five years’ imprisonment.
It commonly applies to communications made via text message, phone call, social media, or email that a reasonable person would consider offensive, harassing, or threatening. If you are facing using a carriage service to menace, harass or offend charge, it is critical to seek legal advice.
What Is the Offence of Using a Carriage Service to Menace, Harass or Cause Offence?
Section 474.17 of the Criminal Code Act 1995 (Cth) states:
(1) A person commits an offence if:
(a) the person uses a carriage service; and
(b) 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.
Penalty: Imprisonment for 5 years.
Subsection (2) makes it clear that this offence also applies to conduct targeting certain government and emergency personnel:
What Does This Offence Actually Mean?
In Monis v R; Droudis v R [2011] NSWCCA 231, the Court examined the meaning of menacing, harassing or offensive. The case involved the appellant sending letters to the families of deceased soldiers. The Court considered whether those communications were menacing, harassing or offensive.
NSW Court of Criminal Appeal clarified that:
- Menace includes conduct that would instil fear or intimidation in a reasonable person.
- Harass involves repeated or persistent communications that seriously trouble or disturb the recipient.
- Offend refers to communications that go beyond causing annoyance or discomfort — they must be seriously offensive, as judged by reasonable community standards.
The Court emphasised that the objective test applies to these terms — assessing whether a reasonable person, rather than the individual recipient, would consider the conduct offensive, harassing, or menacing in the circumstances.
What Are the Penalties for Using a Carriage Service to Menace, Harass or Offend?
The maximum penalty for this offence is 5 years’ imprisonment under section 474.17 of the Criminal Code Act 1995 (Cth). Courts take these matters seriously — especially when the conduct is repeated, targeted, or involves vulnerable individuals — even though not all cases result in a custodial sentence.
In practice, the offence of Using a Carriage Service to Menace, Harass or Offend is commonly prosecuted in the NSW Local Court, where the jurisdictional limit is 2 years’ imprisonment per offence.
As a Commonwealth offence, sentencing is governed by federal provisions in the Crimes Act 1914 (Cth). Depending on the circumstances, a court may impose one of the following sentencing options:
- Dismiss the charge under section 19B(1)(c)
- Impose a good behaviour bond without conviction under section 19B(1)(d)
- Impose a bond with conviction under section 20(1)(a)
- Fine with conviction
- State-based sentencing orders under section 20AB, such as a Community Correction Order (CCO) or Intensive Correction Order (ICO) in NSW
- Full-time imprisonment
Sentences depend on factors such as the seriousness of the conduct and the subjective case of the offender.
Need Legal Advice for a Carriage Service Offence?
Seek legal advice as early as possible if authorities have charged you with using a carriage service to menace, harass, or cause offence. At AMA Legal, our criminal defence lawyers regularly appear in Parramatta, Blacktown, Penrith and other Local Courts in NSW.
Contact us today for a confidential consultation.
