A woman charged with leaving abusive phone messages was admonished and discharged last week after Magistrate Grace Donalds heard only that the remarks were derogatory.
‘From the facts outlined, I don’t know what was said,’ she told the defendant. She suggested that the woman be more careful in the future if she left messages for her ex-husband.
‘Do not leave any more derogatory messages on his phone,’ the magistrate told her. ‘Do not leave any vexatious, annoying or abusive messages on his phone. You’re free to go.’
According to facts outlined by Crown Counsel Nathania Rankin, the woman’s ex-husband went to police to complain. He said she had been calling his cell phone and leaving derogatory messages. The messages were recorded by police on a blank tape.
Officers then spoke with the woman and she admitted leaving the messages.
In court, the magistrate asked why she had done so.
The woman explained that when she would call him about their child, he wouldn’t answer. She became frustrated.
She said she believed that the complaint against her was made for a revengeful purpose – that her ex-husband wanted her to have a criminal record.
Apart from not knowing details, the magistrate said a social inquiry report had recommended that the woman be admonished and discharged.
The Information and Communications Technology Authority Law does not mention derogatory language.
It says whoever knowingly uses an ICT network or service ‘to defraud, abuse, annoy, threaten or harass any other person’ is guilty of an offence.
The penalty for conviction in Summary Court can be a fine of up to $10,000 and imprisonment up to one year. In Grand Court the sentence can be a fine up to $20,000 and imprisonment up to two years.
Related Videos
