Client Walks Free After 51 Calls Allegation Dismissed Without Conviction
In a recent case heard at Muswellbrook Local Court, a woman accused of repeatedly contacting her estranged husband walked away without repercussions after the charge of using a carriage service to menace, harass or offend was dismissed (the lowest possible penalty available to the court).
The client had faced a charge under Commonwealth law after allegedly making 51 phone calls in quick succession to her husband during a relationship breakdown. The case also involved an Apprehended Domestic Violence Order (ADVO), which was later varied favourably for our client.
The Charges
Police laid a single charge against the client:
This Commonwealth offence carries a maximum penalty of 5 years’ imprisonment and is frequently prosecuted in matters involving excessive or threatening communication via phone or electronic means.
What Changed the Course of the Case
Our client had lived in a state of uncertainty about her relationship for over 18 months. On the day in question, she had genuine concerns about her husband’s mental health, which prompted the volume of calls.
Our submissions emphasised that these calls could not be properly understood without viewing them in the full context of their relationship and her concern for his wellbeing.
Key Evidence: Mental Health and Good Character
At the time of the alleged offence, the parties were in the process of separation. We obtained a detailed psychologist report outlining:
The emotional volatility and stress arising from the relationship
Our client’s own mental health challenges
Her intention on the date in question to check on the complainant’s welfare, not to cause alarm
We also provided strong character references, including documented evidence of the client’s service to the community — particularly her volunteer work during natural disasters in regional NSW.
Outcome: Charge Dismissed and ADVO Varied
As a result of our defence strategy:
The charge was dismissed with no conviction
The ADVO was varied to a shorter term
Harsh no-contact conditions were removed
This outcome meant that our client avoided a criminal record — protecting her employment, reputation, and future.
Understanding the Law
Use Carriage Service to Menace, Harass or Offend
Under Section 474.17(1) of the Criminal Code Act 1995 (Cth), it is an offence to use a phone, text, or internet service in a way that reasonable people would regard as menacing, harassing or offensive.
This provision is often misunderstood — context and intent are critical. You can read more on our page:
👉 Use Carriage Service to Menace or Harass
Why Supporting Documents Matter in Domestic Cases
This case is a powerful reminder that contextual documents — such as psychologist reports, reference letters, and a clear timeline of the relationship — can change the trajectory of a case.
Our proactive approach ensured the court had a complete picture of who our client was, and why this charge was inappropriate in light of her genuine concern and background.
For related examples, visit:
👉 Domestic Violence Defence Case Studies
👉 Our Results
Facing Similar Allegations?
If you’re charged under Section 474.17 or involved in a domestic dispute involving phone or online communication, contact me directly for a confidential review of your matter.
📍 I’m available for cases across NSW. You can reach me via our
👉 Domestic Violence Defence Google Profile or through our free consultation form.
