Computer Offences

Part 6 of the Crimes Act 1900 outlines a variety of computer offences that attract various penalties.

Possession of Data with intent
Under section 308F of the Act, possession of data with the intent to commit a serious computer offence attracts a maximum penalty of three years imprisonment.

To convict you of a possession of data with intent charge, the police must prove each of the following matters beyond a reasonable doubt:

  • That you were in possession or control of data.
  • With the intention of committing, or facilitating the commission of (whether by you or another person) a serious computer offence.

They will also need to prove that you were the person who committed the possession of data with intent offence.

Possible defences to a possession of data with intent charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

Unauthorised Access with Intent
Under section 308C of the Act, the maximum penalty for the charge of unauthorised access with intent to commit a serious indictable offence, is the same as if the person had committed, or enabled the commission of the offence.

To convict you of an unauthorised access with intent charge, the police must prove each of the following matters beyond a reasonable doubt:

  • You caused an unauthorised computer function.
  • You knew it was unauthorised.
  • It was done with the intention of committing a serious indictable offence, or facilitating the commission of a serious indictable offence, whether by you or another person.

They will also need to prove that you were the person who committed the unauthorised access with intent offence.

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