CYBERCRIME LAWYER SYDNEY

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.