Improper Use of Electronic Communications - No Penalty

Case study summary

Our client was a 30-year-old travel agent who pleaded guilty to sending text messages for the purpose of causing anxiety to another. Our thorough preparation of the case and expert representation at the sentence hearing resulted in our client receiving no criminal punishment.

Case study

Our client was a 30-year-old travel agent who had recently been diagnosed with Borderline Personality Disorder. In September 2022, she was charged with sending text messages for the purpose of causing anxiety to another so she contacted our firm and asked us to represent her.

The complainant was a teacher and our client's friend. The complainant and our client had been on a night out together where the complainant became unwell. Our client states that she looked after her friend and ensured she arrived home safely, however, a few days later, our client was told that she was banned from her favourite nightclub because someone had accused them of spiking their drink. Our client assumed that it was the complainant who made this allegation against her.

Our client tried to contact the complainant to ask why she thought our client had spiked her but she was ignored. Our client became frustrated and admitted that her messages became increasingly threatening. She told us that, at the time, she was also not taking the correct medication for her Borderline Personality Disorder which meant that she was struggling to control her emotions. However, prior to being arrested, our client had apologised to her friend and attempted to amend their friendship.

Our client was ashamed of her actions and pleaded guilty. We obtained evidence to support her personal circumstances at the time of the offending as well as evidence of her good character because our client had no previous convictions.

One of our expert criminal defence lawyers represented our client at her sentence hearing. We persuaded the court to impose a conditional discharge which meant that our client received no criminal punishment. Our client was relieved with the outcome and wanted to focus on her future and continuing to improve her mental health.