Following are alternative penalties available that the court can impose for this charge. While every case is different, there are a number of potential defences that can be used against child pornography charges.
Your criminal lawyer will assess the unique circumstances of your case in order to recommend the best approach to building your defence. Following is a list of just some of the potential defences for this charge;. You can read more about not guilty pleas here. If you have been charged with this offence, but you are innocent and would like to make a not guilty plea, Australian Criminal Law Group are your best defence.
Our criminal lawyers regularly have their clients cases acquitted. If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge. When someone is sentenced for Use of carriage service for child pornography material, a court will consider the number of images, circumstances in which they were obtained and where the images fall on a scale used to grade the depravity of the images the more deprave the depiction, the higher the gravity of the offence because the child in them has suffered greater.
For example, compare the harm caused by a naked photo of a child to the harm caused to a child engaged in a sexual act. The offence of Use of carriage service for child pornography material carries a maximum penalty of 15 years imprisonment in the District Court.
This penalty is typically reserved for the worst offenders. Use of carriage service for child pornography material is an extremely serious offence. If you are charged with Use of carriage service for child pornography material, you should contact our office immediately. Our criminal lawyers are experts at obtaining the best outcome possible for sex offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.
To discuss your charge of Use carriage service to access child abuse material call Australian Criminal Law Group at our Sydney, Parramatta , and Blacktown offices or make a website inquiry today. Our client was charged with use carriage service for child pornography and possess child pornography. Mr Correy argued that whilst child pornography was on his computer it had been downloaded inadvertently with a bulk amount of adult porn.
We argued that our client had so much adult pornography that he had negligently failed to delete the child pornography. He had downloaded by mistake. The Magistrate accepted that whilst our client failed in his duty to remove the child pornography it could not be proven he received sexual gratification from it.
The magistrate held whilst normally these offences required a jail sentence the peculiar facts in this case meant he could deal with it by a good behaviour bond. Mr Harb represented a client charged with using a carriage service to access child abuse material.
Police located some photos and videos. He was trying to access age appropriate pornography. Australian Criminal Law Group and its clients make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages.
However, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group make no warranties or representations as to its accuracy. Outstanding representation who go above and beyond for their clients. Highly recommended. Joe and omar were very professional and responsive to emails and calls and any questions that we had.
That went Read the review here Joe and omar were very professional and responsive to emails and calls and any questions that we had. That went above and beyond to get the result and best outcome. I would highly recommend this law firm to anyone in need.
Where do I start For me the worlds best lawyer is Steven Mercael. The most understanding, supportive Lawyer. He went above Read the review here Where do I start The alleged victim complained to police about being intimidated, harassed and threatened by text messages however the texts related to non-threating messages regarding the victim being late in dropping off and picking up their child as per the Family Court Custody orders.
The Court meticulously went through all the text messages and ultimately was not satisfied beyond reasonable doubt that our clients conduct amounted to intimidation, and therefore dismissed the charge of use carriage service to menace. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible.
This is also done without breaking your pocket. No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible. For this reason, we take pride and passion in representing our clients.
This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights.
This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available. If you have been charged with any Use Carriage Service to Menace offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.
Please contact our office on 02 or visit www. What is Use carriage service to menace? Some examples of using carriage service to menace include: Continual or constant phone calls, texts or Facebook messages; or Threats to cause harm to that person or another person or their property, offensive language or offensive topic of discussion.
What must the prosecution prove? That is a high standard of proof that the prosecution must achieve before someone can be convicted of Use Carriage Service to Menace To establish Use Carriage Service to Menace, the prosecution must prove each of the following matters beyond reasonable doubt: That you: Used a carriage service; and In a way that would cause a reasonable person to feel menaced, harassed or offended.
The person uses a carriage service; 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 the circumstances, menacing, harassing or offensive.
If you are charged with the offence of Use carriage service to menace what are your options? Fequently Asked Questions. Pleading Guilty. Sample 1. Sample 2. Sample 3. Carriage Service means a service consisting wholly or partly of transmitting signals by means of a network ; and the expression —.
Carriage Service means any service consisting in whole or in part of the conveyance of signals by means of a network , except in so far as it is a content service , including the provision of ancillary services to the conveyance of signals and conditional access or other related services to enable a customer to access a content service;.
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