Have you been charged with Unauthorised Modification of Data to Cause Impairment?
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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
What does it mean to be charged with unauthorised modification of data to cause impairment?
Section 247C of the Crimes 1958 (“CA”) Act criminalises the unauthorised modification of data in a way that causes or risks impairing the reliability, security, or operation of data held in a computer. This offense is designed to target cybercriminal activities where individuals unlawfully modify or interfere with data, either intentionally or recklessly, with the knowledge that they are not authorised to do so. The focus is on the consequences of the modification, specifically how it affects data access or the integrity and functioning of the computer system.
What Must the Prosecution Prove?
To secure a conviction under Section 247C, the prosecution must establish the following elements beyond a reasonable doubt:
- You caused changes to data held in a computer without authorisation.
- You knew that the modification was unauthorised.
- Intent or Recklessness:
- You intended the modification to impair the access to, reliability, security, or operation of the data, or
- You were reckless as to whether such impairment would occur. Recklessness means that you foresaw the risk of impairment but proceeded with the action regardless.
Penalties for unauthorised modification of data:
The offence of unauthorised modification of data under Section 247C carries a maximum penalty of 10 years imprisonment. This is classified as a level 5 imprisonment offence, reflecting the serious nature of the crime.
Where will my case be heard?
Unauthorised Modification of Data to Cause Impairment is heard in the Magistrates’ Court.
Factors and defences to consider:
- Did you modify data?
- Were you authorised to do so? For example, you were acting in the course of your employment and had proper permissions to alter the data.
- Or did you have a mistaken belief in permission to make such modifications?
- What degree did the modification impair access to or the security, reliability or operation of the data?
- Did you intent to impair, or act recklessly when doing so?
- Do you have any history of cyber-related offences?
- Did you pre-plan this modification, or was it an accident? For example, due to a mistake or misunderstanding of how the system worked
- What were the surrounding circumstances your offence?
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St Kilda, Victoria 3182
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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 MoreI 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 experience in court. I liked his professionalism, preparation, confidence and attention to details. He explained everything clearly, guided me step by step, and fought for the best possible outcome for me. With him handling my case, it gave me a peace of mind during a very stressful time. The outcome spoke volumes about his expertise, and I would highly recommend them to anyone in need of strong legal representation. Read Less55/5
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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 MoreMichael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about getting the best result possible, and his preparation and courtroom presence reflected that commitment. Michael’s professional demeanour and respectful conduct, both with me and within the court, gave me the utmost confidence I was in the right hands. He clearly explained the process, kept me informed, and made me feel confident throughout. The outcome was far better than I expected, thanks to his expertise and strategic approach. I’m truly grateful for his support and wouldn’t hesitate to recommend him. Read Less55/5
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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 MoreI cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, knowledgeable, and thorough in every aspect of the process. He took the time to explain everything clearly, which gave me great comfort and confidence throughout what could have been a very stressful time. Michael’s expertise and guidance reassured me that I was in the best hands, and his calm and confident approach made a huge difference to my peace of mind. He was always approachable, responsive, and dedicated to achieving the best possible outcome for me. I would highly recommend Michael Sunderland to anyone seeking a lawyer who is not only exceptionally skilled but also genuinely cares about his clients. Read Less55/5
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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 MoreI would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first meeting, she was calm, respectful, and clear about what I could expect. She never judged me, always listened carefully, and explained every step of the legal process in a way that made me feel supported and confident. Ashleigh handled my case involving a traffic offence with care and honesty. She gave me solid advice, helped me prepare all the right documents, and even guided me on how to speak respectfully in court. Because of her help, I was able to present myself properly before the judge and achieve a much better outcome than I expected. What really stood out to me was her genuine concern for my future. She didn’t treat me like “just another case.” Ashleigh is not only a skilled lawyer — she is also a kind person who truly cares about her clients. I highly recommend Ashleigh to anyone in need of legal help. She is trustworthy, professional, and goes above and beyond for her clients. Thank you again for everything. Read Less55/5
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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
What happens next?
If you have been charged with unauthorised modification of data under Section 247C, it is crucial to seek legal advice immediately. This is a serious offence with significant penalties, including the possibility of imprisonment for up to 10 years.
At MK Law, our experienced legal team can help you understand the charges, assess the evidence, and explore potential defences. We are committed to providing expert guidance throughout the legal process to achieve the best possible outcome for you. Contact MK Law today on 1800 130 120 for a confidential consultation and let us assist you in navigating this challenging time.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au