Sending Offensive Communications - Client Avoids Prison

Case study summary

Our client pleaded guilty to charges of sending communications of an offensive nature. He had created fake online profiles of the complainant on an escort website and called her multiple times using a withheld number. We persuaded the court to impose a non-custodial sentence.

Case study

Our client was charged with two charges of sending communications of an indecent or offensive nature. The particulars of the charges were that he was accused of harassing the complainant by calling her multiple times using a withheld number and creating fake profiles of her on an adult escort website which resulted in her receiving phone calls from individuals who would enquire about her availability for sexual services and caused her distress.

We represented our client at the police station and he asked us to continue to represent him throughout the court proceedings. He admitted the allegations. Our client explained that the complainant was a prominent figure on social media and she would often post messages which he found offensive. He told us that she had previously been banned from multiple social media sites as a result. Our client had decided to take matters into his own hands, however, having reflected on his actions, he realised that this was not the right thing to do and he regretted his behaviour.

Due to the nature of the allegations and distress caused to the complainant, a custodial sentence was a real possibility. This would have meant that our client would not be able to support his wife, their young son and their new born child. It is likely that he he would have also lost his job. We obtained material to show that the offending was out of character for our client who had a clean criminal record prior to this incident.

We represented our client at his sentence hearing. One of our expert defence lawyers persuaded the magistrates' court to move away from the option of a custodial sentence and a 12-month community order was imposed instead. Our client was extremely pleased with the result.