Telco service abuse dominates federal crime in Victoria

Harassment and abuse through a telecommunications service or the internet accounts for more than one-third of all federal crimes sentenced in Victoria's courts, a report from Victoria's Sentencing Advisory Council reveals.

In this context, carriage service offences mean to harass or send abuse via phone or a computer, and Victoria recorded over 6700 charges over a five-year period to June 30, 2023.

Such offences could be repeatedly calling or texting an ex-partner, to abuse them.

It counts as a federal offence and not a state one as it crime is committed using a carriage service, the council said.

Most common Commonwealth offences sentenced in the Magistrates' Court, July 1 2018-June 30 2023

Most of the carriage service offences were committed in conjunction with other crimes, such as breaching intervention orders, or bail, which in turn fall under Victorian jurisdiction.

In its report, Commonwealth Offences Sentenced in Victoria, the Sentencing Advisory Council said of the 6798 carriage service offence charges it recorded over the five-year period, 38 percent resulted in a fine.

Only 490 community correction orders (7.2 percent of the total) were imposed, with 794 prison sentences handed out.

One reason for the high rate of fines is the complexity the courts face when sentencing Victorian and Commonwealth offences in the same case.

"In most of these cases, there was a Victorian offence that received a more serious penalty, such as a community correction order or imprisonment," the council said.

"And when that happens, courts must sentence the federal and state offences separately, meaning courts are left with relatively few options but to impose a fine for the offence of using a carriage service to menace, harass or offend," it added.

Sentencing Advisory Council director Stan Winford said federal sentencing law is "incredibly complex, especially when there are Victorian and federal crimes in the same case".

Another common type of computer or phone related federal offence in Victoria is possessing, accessing or distributing child abuse material (CAM) over the internet.

Around 170 charges per year, for a total of 853 sentences, were recorded by the Sentencing Advisory Council over the five-year period, which said research shows most are "overwhelmingly committed by male offenders".

VIctoria's Sentencing Advisory Council is a statutory independent body that publishes statistics and advises the state's Attorney-General on these matters.