Use a carriage service to threaten (serious harm or to kill) – sECTION 474.15 of the Criminal Code Act 1995.
This is where a person uses a carriage service to send communication that threatens serious harm or death to another person (including a third person). Communication is ‘by means of guided or unguided electromagnetic energy or both.” This includes, but is not limited to: text or phone messages, emails, and messages sent via videoconferencing, Instagram or Facebook.
READ MORE
Use a carriage service to menace, harass or offend –s 474.17 of the Criminal Code Act 1995
This is where a person uses a carriage service to send communication that offends, harasses, or menaces another person. both.” This includes, but is not limited to: text or phone messages, emails, and messages sent via videoconferencing, Instagram or Facebook.
READ MORE
Offensive conduct in or near a school or public place – s 4 Summary Offences Act 1988
When a person conducts themselves offensively in or near, or within hearing from a public place or school, then a person may be charged with this offense. For the purposes of this section only, a person cannot behave in an offensive manner merely by using offensive language.
READ MORE
Assault Police and other actions – s 60 of the Crimes Act 1900
This offence is not limited to an assault on police, where an accused person causes a police officer to fear immediate and unlawful violence (even where there is no intention to cause such a response.) or is physically struck. Being reckless to the act is enough to attract the charge. The offence also includes other actions such as: stalking, harassing, intimidating or throwing a missile at a police officer.
READ MORE
Resist or hinder police in the execution of duty – s 546C of the Crimes Act 1900
This offence is captured when a person resists or hinders a police officer; or incites another person to resist, hinder or assault a police officer. The word ‘resist’ is defined as follows: “Resistance implies the use of force to oppose some course of action which the person resisted is attempting to pursue”: R v Galvin (No 2) [1961] VR 740 at [749].
READ MORE
Breach of an Apprehended Violence Order (“AVO”) – s 14 Crimes (Domestic and Personal Violence) Act 2007
A charge of breaching an AVO is often accompanied with other charges. For example, if a contact condition prohibits contact with a protected person, a simple act of replying to a text may entitle police to lay a breach of AVO charge and a stalk/intimidate charge.
READ MORE
Stalk / intimidate – s 13(1) Crimes (Domestic and Personal Violence) Act 2007
This is an offence where the accused must have stalked or intimidated another person with the intention of causing the other person to fear physical or mental harm. Even an attempt to stalk or intimidate is punishable as if the offence had been committed.
READ MORE