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Hacking and Cybercrime Charges and their associated penalties can be extremely worrying. The internet and the cyber world can be confusing and complex, and difficult to understand. One wrong click and the Australian Federal Police could quickly be involved in an incident putting you and your future at risk. Depending on the severity of your offence, you could be facing serious fines or potential imprisonment. Following the establishment of the Australian Cyber security centre, the AFP have put renewed focus on ensuring those that commit a serious computer offence are given the maximum penalty.
Have you been charged with a Cybercrime or Hacking Offence?
As the devices we use everyday change, and the programs we use change with them, compute are exceedingly complex to regulate and control. As a result, Expert legal representation is of paramount importance. A cyber-attack, holding restricted data, or such modification of that data or tampering with a victim’s computer can land you with a indictable offence charge that might be deemed a serious indictable offence.
Cyber-crime offences are found in Australian legislation within parts 10.7 and 10.8 of the Criminal Code Act 1995 and in Section 308H of the Crimes Act.
They include several different offences and can be complex. Below, we will list several of the following offences. Under Section 308H, Cyber-crime or Computer Offences come with extremely harsh penalties including, but not limited to, imprisonment. Each State and Territory in Australia has its own similar computer-related offences that cover a wide range of crimes. If you are unsure whether or not you may have committed a cyber-crime, cybercrime offence, contact one of our cyber crime experts today for a free consultation to discuss
Note that cybercrimes and computer offences include but are not limited to unauthorised:
- cyberstalking
- use of computer
- access to restricted data
- distribution of malware and/or other computer viruses
- destruction of data
- obtain data impairment of electronic communication
Is using someone else’s computer considered one of the computer offences?
Unauthorised access to restricted data held on a computer, unauthorised impairment or obtaining data on someone else’s electronics with unauthorised use can be considered a criminal offence Under Section 308C, unauthorised access of a computer (or knowing that the usage is unauthorised), is illegal. Modifying their data could be an offence in the local court where the maximum penalty applicable is two years in prison if deemed a ‘serious computer offence.’However, if the case is deemed sufficiently serious, it will go to the District Court, where offences and penalties could be more severe. The maximum penalty is ten years imprisonment. Additionally, section 308D renders it a offence for a person by electronic means or otherwise to cause any unauthorised modification to data on a pc or other device when they know that this modification is unauthorised and intends, to impair access, reliability or security of the data.
In accordance with Section 477.1, the prosecution is required to emphasize the following elements in their argument:
The individual either intentionally accessed or altered data stored in a device without authorization, or intentionally disrupted electronic communication to or from a computer without authorisation.
The individual was aware that the access, alteration, or disruption was not authorised.
The individual intended to carry out, or assist in carrying out, a “serious offense” against Commonwealth, State, or Territory law through the acccess alteration, or disruption of such data.
Can modifying someone’s data be a computer offence or a computer crime ?
Under section 477.1 of the Criminal Code, changing someone else’s data and modifying data held on a computer or other electronic Device could be considered a computer offence. In Section 461.1 of the Criminal Code, the act of modifying data held in a computer is defined as making unauthorised modifications or removals to the data, or adding new data to it that was initially restricted data.
The severity of the penalty for the offence of the unauthorised modification of data in a data storage device, as outlined in Section 461.1 of the Criminal Code, is dependent on the maximum penalty assigned to the “serious offence” alleged. This means that the penalty can range from five years’ imprisonment to life imprisonment, depending on the specific offence in question. If you think you have committed a crime or offence, reach out to our legal professionals today.
Steps for a cybercrime charge prosecution
Disclaimer
The above is general legal information and should not be considered legal advice. You should speak with one of our solicitors for legal advice tailored to your specific legal problem. The penalties listed are maximum penalties. The courts deal with matters on a case by case basis. It should also be noted that there may be court delays due to COVID-19.
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Frequently Asked Questions.
Australia has some of the most robust cybercrime and hacking laws in the world. The AFP can charge you with potential computer offences for a wide range of online actions.
Under rulings in the Criminal Code, you could face a maximum penalty of up to 10,000 dollar fine and/or up to 10 years imprisonment.
If you hack your computer for financial gain you face felony charges. The offence might lead to the federal government sentencing you to a maximum penalty of ten-year jail terms and a $10,000 fine if indicted.
The ACSC leads the government’s response to cyber security incidents, coordinates national operations and resources, and promotes reporting of such incidents.
Intoxication will not generally be a defence to a serious offence such as assault occasioning actual bodily harm. While intoxication may be a factor relevant to the circumstances of the offence, it will not justify what is a serious offence carrying heavy maximum penalties.
Cyber offences and related offences punishable and computer crimes are summary offences and would be heard at a local court level.
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Parramatta NSW 2124 - info@jamesonlaw.com.au
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Contact Us
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PO Box 73
Parramatta NSW 2124 - info@jamesonlaw.com.au
- 02 8806 0866
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Jameson Law Offices
