Use of Carriage Service Offences
What Are
Use of Carriage Service Offences
In New South Wales, the use of a carriage service offences refer to crimes involving the improper or unlawful use of telecommunications services, such as phones, email, or social media, to harass, threaten, offend, menace, or stalk another person. These offences are governed by Commonwealth law, specifically under the Criminal Code Act 1995 (Cth), and apply throughout Australia.
A carriage service includes any service for carrying communications—such as telephone calls, text messages, emails, or messages sent through social media platforms (e.g., Facebook, Instagram, WhatsApp).
The common use of carriage service offences include:
Using a Carriage Service to Threaten – s474.15
Making threats to kill or cause serious harm via phone, text, or internet.
Using a Carriage Service to Menace, Harass, or Offend – s474.17
Sending content or messages that are menacing, harassing, or offensive (e.g. repeated abusive messages, explicit content, or intimidation).
Using a Carriage Service to Stalk or Intimidate – s13 Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Using phones or digital services as part of a broader pattern of stalking or intimidation in domestic or personal violence contexts.
Using a Carriage Service for Child Exploitation or Grooming
Sections: Various provisions under s474.22–s474.27 of the Criminal Code Act
Image-Based Abuse (e.g. "Revenge Porn") – s474.24E
Using a carriage service to share, threaten to share, or post intimate images without consent.
With the rise of digital communication, courts and police treat these offences very seriously—especially in domestic violence, cyberbullying, or revenge-related scenarios. Even if no physical harm occurs, the emotional and psychological impact can lead to serious criminal consequences.
The Penalties for
Use of Carriage Service Offences
The penalties for use of carriage service offences are severe, reflecting the seriousness with which courts treat the misuse of telecommunications to threaten, harass, or offend others. These offences apply Australia-wide and are often prosecuted in conjunction with other offences, such as stalking, domestic violence, or image-based abuse. The penalties for common use of carriage service offences include:
Using a Carriage Service to Threaten – s474.15
Maximum penalty:
10 years imprisonment - for threats to kill
7 years imprisonment - for threats to cause serious harm
Using a Carriage Service to Menace, Harass, or Offend – s474.17
Maximum penalty:
5 years imprisonment
Using a Carriage Service to Stalk or Intimidate – s13 Crimes (Domestic and Personal Violence) Act 2007 (NSW)
May result in an Apprehended Violence Order (AVO) being issued
Using a Carriage Service for Child Exploitation or Grooming
Maximum penalty:
Ranges from 12 to 15 years imprisonment, depending on the offence and victim’s age
Image-Based Abuse (e.g. "Revenge Porn") – s474.24E
Maximum penalty:
7 years imprisonment
Several aggravating factors can lead to harsher penalties for use of carriage service offences in NSW. These include the repetition of offending behaviour, such as sustained or ongoing harassment over time, and situations where the victim is particularly vulnerable, such as a child or intimate partner. The use of false identities or impersonation to deceive or further intimidate the victim is also considered a serious aggravating element. Additionally, if the offence causes psychological harm to the victim or occurs in the context of domestic violence, courts are likely to impose more severe penalties to reflect the elevated risk and impact on the victim.
The Possible
Defence Strategies
Defending a use of carriage service offence in NSW requires a strategic approach tailored to the specific nature of the charge—whether it's for harassment, threats, image-based abuse, or offensive communication. These offences fall under Commonwealth law (Criminal Code Act 1995 Cth) and carry serious penalties, so identifying the right defence strategy is critical to achieving the best possible outcome. The possible defence strategies include:
Lack of Intent
Many of these offences require proof that the accused intended to menace, harass, or offend. If the communication was misinterpreted, sarcastic, or made in jest—without a genuine intention to cause harm—this may form a strong defence.
Mistaken Identity
Where digital communication is involved, the prosecution must prove beyond reasonable doubt that the accused was the one who sent the messages. If the device or account was compromised, shared, or spoofed, mistaken identity can be raised—particularly in cases involving hacked accounts or impersonation.
Duress or Coercion
If the accused was forced or threatened into sending the communication (e.g., by another person), they may be able to raise a defence of duress, showing they acted under unlawful pressure that no reasonable person could resist.
Mental Health or Cognitive Impairment
Argues the accused was suffering from a mental illness at the time of the offence and did not understand the nature or wrongfulness of their actions.
May result in a special verdict of not guilty by reason of mental illness and diversion to a mental health facility.
Truth or Public Interest
If the communication contains material that is true, justifiable, or sent in the public interest (such as whistleblowing or reporting abuse), this may mitigate culpability—although this defence is only available in narrow circumstances.
Unreasonable Delay or Deficient Evidence
The defence may argue the prosecution’s case suffers from delay, incomplete forensic investigation, or insufficient metadata linking the content to the accused, weakening their ability to prove the offence beyond reasonable doubt.
Choosing Sydney Defenders to represent you in a use of carriage service offence ensures you receive the highest level of legal expertise, discretion, and strategic defence. These offences—such as sending harassing, menacing, or offensive messages via phone, email, or social media—carry serious criminal consequences, including imprisonment, criminal convictions, and long-term reputational harm. Our experienced criminal defence lawyers are skilled in assessing your case, challenging the admissibility and credibility of digital evidence, and identifying weaknesses in the prosecution's claims. We offer early, confidential legal advice to protect your rights from the outset and formulate a strong defence.