Computer offences 

Due to the rapidly evolving nature of technology, computer offences are quite complex to regulate and control. However, legislators have enacted laws which aim to penalise offenders. One of the most common forms of computer offences is the ‘possession of data with intent to commit serious computer offence.’

Legislation

This offence is governed under section 308 of the Crimes Act 1900 (NSW). This law maintains that any person who is in possession or has control of data with the intention of committing a serious computer offence, or with the intention of facilitating the commission of a serious computer offence, whether it is committed by this person or by another person, is guilty of the offence. The following are also a number of serious computer offences which are punishable under the Crimes Act 1900:

  • The unauthorised modification of data with intent to cause impairment
  • The unauthorised access to restricted data
  • The unauthorised access with intent

Serious computer offences can also be tried as federal offence; governed by Part 10.7 of the Criminal Code Act 1995 (Cth). his occurs when the offender has intention to commit a serious Commonwealth, State or Territory Offence

Penalties under the Crimes Act 1900 (NSW)

 

Offence

Penalty
Possession of Data with Intent to Commit Serious Computer Offence

 Penalty which would have been applicable for that serious indictable offence in NSW

Supplying Data with Intent

Maximum imprisonment term of 3 years

Unauthorised Access of Restricted Data Maximum imprisonment term of 2 years

 

Unauthorised Access with Intent  Penalty which would have been applicable for that serious indictable offence in NSW

 

Unauthorised Impairment of Electronic Communication  Maximum imprisonment term of 10 years

 

Unauthorised Modification of Data with Intent to Cause Impairment  Maximum imprisonment term of 10 years

 

The complexity of these offences requires the extensive knowledge and meticulous attention to detail which our lawyers provide. Our team has specialised knowledge in computer offences having assisted many clients successfully defend charges or obtain lesser penalties once sentenced.

If you have been charged with a computer offence, our experts can help. Contact us to schedule an appointment with one of our lawyers in our office.

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