Computer Offences - Cyber Crime
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
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Unauthorised Access, Modification Or Impairment With Intent To Commit A Serious Offence
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Unauthorised Modification of Data to Cause Impairment
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Unauthorised Impairment of Electronic Communication
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Possessing data with intent to commit a serious computer offence
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Producing, Supplying or Obtaining Data with Intent to Commit Serious Computer Offence
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Unauthorised Access to or Modification of Restricted Data
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Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device
If You Have Been Charged with a Computer/Cyber Crime Offence You Need Representation
If you have been charged with a computer or cyber-crime offence, it is essential to engage a law firm with proven experience in computer-related criminal law.
The criminal justice system (CJS), comprising police, Courts, Magistrates, and Judges, is often unfamiliar and intimidating, particularly for unrepresented and/or first-time defendants. The CJS prioritises the prosecutor’s and public’s best interests, not yours. Courts take computer and cyber-crime offences very seriously and frequently impose harsh penalties, especially given the recent rise in these offences in Victoria. If you have been alleged to commit a computer or cyber-crime, police often charge you with more than one offence.
The relevant legislation for computer and cyber-crime offences is complex. The preservation of evidence (such as witness statements) is critical before it is lost or damaged. The number of aggravating and mitigating factors that must be considered for these offences means that being well prepared and seeking legal advice from us as soon as possible before facing Court is crucial to help you receive the most favourable outcome.
What is Computer/Cyber Crime?
The law has developed alongside technology, which means some computer-related activities are considered criminal offences. Computer and cyber-crime are serious (indictable) offences in Victoria, governed by both Commonwealth (Criminal Code 1995 (Cth) (CC)) and State (Crimes Act 1958 (Vic) (CA)) legislation.
Computer/Cyber Crime Offences Include:
- Internet sex offending
- Possessing, supplying, obtaining, or producing data with intent to commit a serious computer offence
- Unauthorised access (to restricted data), modification, or impairment with intent to commit/facilitate a serious offence
- Unauthorised impairment of data held in a computer disk, credit card, or another device
- Unauthorised impairment of electronic communication
- Unauthorised modification of data to cause impairment
Examples of Computer/Cyber Crimes Offences:
Common examples of computer/cyber-crime offences include:
- Hacking government websites
- Accessing a social media page without authorisation and provoking culturally motivated violence
- Tampering with data
- Accessing a business’ database to understand its financial position
- Sending computer viruses to businesses or organisations
Police Interview:
If you have been alleged to commit a computer or cyber-crime, you will likely be asked to attend a formal police interview, recorded for evidential purposes. Police typically have gathered evidence against you (like witness statements) that they will not disclose. Before the interview, you have the option to contact a lawyer for legal advice, support, or representation.
We can provide specialised, clear, and confidential legal advice that addresses all your concerns before beginning a police interview. This includes:
- Whether to make a statement to police
- Whether to attend the interview
- What to expect during the interview
- Your rights and obligations (what you are not obliged to disclose)
- Whether to answer all questions or exercise your right to silence with ‘no comment’ answers
- Whether you have to provide DNA or your mobile phone
- The potential repercussions of refusing police orders
We can accompany you to the police interview to alleviate stress and apprehension. Police experts note everything you say and do; being courteous is essential as it will be recorded for Court.
Questions to Consider Before Pleading Guilty or Not Guilty:
To determine whether you have a good chance of successfully defending your computer or cyber-crime charge in Court, consider the following points:
- Has the prosecution provided the necessary particulars of the charges?
- Does the prosecution have a strong case against me?
- Should I plead guilty or not guilty and defend my charges at a contested hearing or trial?
- Can the prosecution prove it was me who committed the offence?
- What is the evidence linking me to the offence, and is it clear?
- Was a co-accused charged, or did I act alone?
- When did the offence occur, and when was I charged by police?
- What options do I have to minimise my penalty?
- Do I have a lawful reason for committing the offence (e.g., mental impairment)?
- Should we subpoena relevant material from the opposing party?
Our experienced lawyers will help answer all these questions and prepare a robust case for you.
Where Will My Matter Be Heard?
Computer and cyber-crimes are serious (indictable) offences and are generally dealt with in the higher Courts (County or Supreme Court of Victoria).
Defences to consider:
If you plead not guilty to your computer or cyber-crime charges, possible defences will depend on the specific circumstances surrounding the alleged offending. Every case is unique and requires an individualised approach. Possible defences include:
- The prosecution not establishing all elements of the offence beyond reasonable doubt
- Lack of intent to commit the offence
- Duress (a complete defence)
- Alibi evidence showing you were not present at the time of the offence
- Mistaken identity
- Authorisation to access, modify, or impair data
- Mental impairment (a complete defence)
Penalties for Cyber-Crime:
Parliament takes a serious stance on computer and cyber-crime offences, where any breach attracts severe sentences. If you plead or are found guilty of a computer or cyber-crime offence, the following penalties may be imposed:
- Term of imprisonment
- Diversion (conviction or non-conviction)
- Financial fine (conviction or non-conviction)
- Community corrections order (conviction or non-conviction)
- Youth Justice Centre Order
Note: A Magistrate or Judge cannot direct that the defendant serve the sentence concurrently with any other sentence or suspend the whole or part of the sentence.
What is a Diversion?
A diversion is a penalty that a Court may impose in response to a computer or cyber-crime offence. It is a program run by Victorian Courts aimed at diverting the defendant away from the CJS and protecting them from having a criminal record. If a Magistrate or judge decides that diversion is not appropriate, we can advocate for your participation in the program.
Successful completion of the program means the charges are discharged; otherwise, the charges are referred to open Court.
Considerations When Sentencing:
Courts consider various factors when determining the appropriate penalty, including:
- The nature and gravity of the offending conduct
- Whether a guilty plea was entered at the earliest opportunity
- Personal circumstances and criminal history of the defendant
- The level of planning involved in the offence
- The duration of the offence
Testimonials
What people Say
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I want to sincerely thank my lawyer Mr Daniel Moon for representing me so well in court. He made me feel comfortable, as it was my first experienc... Read More5/5
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Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about gett... Read More5/5
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I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, kno... Read More5/5
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I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first m... Read More5/5
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Unauthorised Access, Modification Or Impairment With Intent To Commit A Serious Offence
-
Unauthorised Modification of Data to Cause Impairment
-
Unauthorised Impairment of Electronic Communication
-
Possessing data with intent to commit a serious computer offence
-
Producing, Supplying or Obtaining Data with Intent to Commit Serious Computer Offence
-
Unauthorised Access to or Modification of Restricted Data
-
Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device
Why Choose MK Law?
MK Law has a team of expert criminal defence lawyers across our four offices (Melbourne, New South Wales, South Australia, and Western Australia) who have represented thousands of parties charged with computer and cyber-crime offences. We take allegations very seriously. During our confidential consultations, we carefully listen to our clients’ unique instructions and side of the allegations, consider all relevant factors, explain possible penalties, and guide you through the most appropriate options. Whether to plead not guilty or guilty (to settle for a lesser charge) is a critical decision, and we are here to help you avoid the most severe penalties.
Our team appears in Court daily and knows what works. We have in-house counsel who run contested hearings and trials from the beginning, ensuring you receive consistent representation from the same lawyers throughout your case.
We have successfully represented many clients by preparing strong plea and defence strategies in Victorian Courts. This includes conducting our own investigations, requesting disclosure material and statements from witnesses, analysing the police brief of evidence to identify elements of the offence that cannot be proven, and vigorously questioning the prosecution’s case. We present supporting evidence, including witness statements, character references, and expert reports (like psychological evaluations), to the Court.
Our lawyers are well-equipped to navigate the complexities of the law and the specific legal processes and factors that guide the Court. We work diligently to defend you and persuade the Court to impose the fairest and most lenient penalty possible.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au