Interpretation of Offend!!!
Menace , Harass or Offended must have a collective meaning!!!!! Although Offend ( free speech) is not defined menacing and harassing are. Look at the various state laws for harassing and menacing that are criminal which will be the guide for "offending"
To be found guilty of Menacing or Harassing fear anxiety or apprehension must have been caused to an extent that would be diagnosed by a medical professional.
Dodgy NSW magistrates are not applying the correct tests and are fucking everyone over.
The narrow interpretation also must be use for 'offensive"' as required by the High Court. As S 473 is also the test for offensiveness so the narrow test also applies.
The fault element is recklessness. Recklessness lies somewhere between intent and negligence. Recklessness must cause something......... so what does it cause...........
Its time to stop the shit in the court system and make the Supreme Court give a decision on "offensiveness '
What out for the dodgy NSW Magistrate Lisa Stapleton!!!!!
Section 474.17 of the Criminal Code Act 1995 (Cth) is Use Carriage Service to Menace Harass or Cause Offence and is extracted below.
474.17Using a carriage service to menace, harass or cause offence
(1)A person is guilty of an offence if:
(a)the person uses a carriage service; and
(b)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.
Penalty:Imprisonment for 3 years."
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