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If she managed to get through to you, write back and say you will most definitely go to the police and she will end up getting arrested for “ Using A Carriage Service To Menace Harass Or Offend Charges” and end up in prison for up to 3 years.
In addition to harassment, there would be a charge of blackmail.
A person commits an offence if they use a carriage service to menace, harass or cause offence, according to the Criminal Code Act 1995 (Cth). A carriage service is defined in the Telecommunications Act 1997 (Cth) as ‘a service for carrying communications by means for guided and/or unguided electromagnetic energy’, pursuant to s7 of the Act. In simple terms, this could be taken to refer to social media communications, emails, text messages and calls, and it is important to note that this is given quite a broad definition.
According to s474.17 of the Criminal Code Act 1995 (Cth), it is an offence if a person uses a carriage service (s474.17(1)(a)); ‘and 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 circumstances, menacing, harassing or offensive’ (s474.17(1)(b)). This offence has the penalty of imprisonment listed as three years.
Examples of such behaviour could give regard to the method or content of the communication. For example, a harassing phone call could extend from a bombardment of incessant calls or messages, or offensive or threatening content. However, given the broadness of the provision itself, there is a wide net cast, meaning that other types of behaviour such as domestic violence, threats of harm or incessant messaging could also fall within the ambit of this charge.
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