What is use a carriage service to menace, harass or offend?

This is where a person uses a carriage service to send communication that offends, harasses, or menaces another 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.

The test for whether communication crosses a threshold of decency depends on what ‘reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.’ The High Court in R v Monis [2013] HCA 4 at [336] determined that the reasonable person may experience:

  • ‘a degree of offensiveness at the higher end of the spectrum, although not necessarily the most extreme.’

The offence is aggravated (more serious) if private sexual material depicting a person over 18 years in a sexual pose or in sexual activity is communicated.

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