The use of colloquial Aussie language could constitute threatening behaviour

An Adelaide man recently lost a Supreme Court appeal against an Intervention Order placed upon him by the District Court of South Australia. The Intervention Order came about after the gentleman sent his former lawyer a series of threatening emails and letters peppered with Aussie colloquialisms that were taken as direct threats.

In one such instance, the gentleman emailed his lawyer saying he wanted to give a summons to her personally so she could “bend over and I can stick it up your arse”. In another instance, the gentleman referred to the perpetrator of the Port Arthur massacre, claiming that he “truly understood the Martin Bryant’s of this world”.

In his defence, the gentleman claimed that he was simply reverting to the use of “Australian English” and that the threats he issued against his former lawyer were misunderstood.

Offensive or threatening language is addressed under the Criminal Law Consolidation Act (SA) 1935. Regardless if the language used is intentionally threatening or not, if it is unwanted and has the purpose or affect of violating one’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for the person it is directed at, then it is likely to amount to harassment. Moreover, a person who threatens to cause harm to another, or creates fear that a threat will be carried out, is committing a criminal offence. The maximum penalties for someone found guilty of such an offence is 5 years imprisonment for a basic offence, or 7 years imprisonment for an aggravated offence.

At the gentleman's hearing, Justice Sandi McDonald, dismissed his appeal against the Intervention Order, saying in her summary, “it was not unreasonable to suspect that, given [the defendant's] feelings towards the protected person, that he will, without intervention, commit an act of abuse against the protected person in the future.” Justice McDonald went on to say that “the material referred to in those allegations contained offensive material constituting an abuse”.

An experienced Scammell & Co lawyer can assist clients with Intervention Order applications, variations, and revocations. They will also diligently represent either protected person(s) or defendants in any court proceedings. For further information about Intervention Orders please click here

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Tougher penalties for breaches of intervention orders to come into effect

The Statutes Amendment (Intervention Orders and Penalties) Bill 2021 has passed both Houses of SA Parliament and awaits assent to become law. The changes to come into effect can be described in three broad categories:

  1. The penalties for contravening an IO will be increased.
  2. The definition of an ‘aggravated’ offence under the Intervention Orders (Prevention of Abuse) Act 2009 will be inserted.
  3. A contravention of an IO, involving physical violence or a threat of physical violence, will be prescribed as a ‘serious offence’ for the purpose of sentencing serious repeat offenders.

The maximum penalties for contravening an IO, other than terms in relation to an intervention program,  will increase from $10,000 or 2 years imprisonment to 3 years imprisonment for a basic offence and 5 years imprisonment for an aggravated offence.

The maximum penalties for a second or subsequent contravention, or a first contravention involving physical violence or a threat of physical violence, will increase from $20,000 or 4 years imprisonment to 7 years imprisonment for a basic offence and 10 years imprisonment for an aggravated offence.

The definition of an ‘aggravated’ offence will be inserted to include circumstances where the offender knew, suspected or ought reasonably to have known or suspected that a child would see, hear or otherwise be exposed to the conduct constituting the offence or to any effects of that conduct. This is a broad definition. For example, it might include circumstances where a child is exposed to the lasting effects of abuse after the offending conduct has ceased.

If a person is convicted of contravening an intervention order involving physical violence or a threat of physical violence at least three times, the court will not be bound to ensure that the sentence is proportional to the offence and must impose a non-parole period of at least four fifths the length of the sentence.

If you require legal advice in respect of intervention order matters, please contact one of our team on (08) 8447 4466.

For further information on Intervention Orders (restraining orders) please click here.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.