Have you been charged with Producing, Supplying or Obtaining Data with Intent to Commit Serious Computer Offence?
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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 producing, supplying or obtaining data with intent to commit serious computer offences?
Section 247F of the Crimes Act (“CA”) criminalises the production, supply, or obtaining of data with the intention of committing or facilitating the commission of a serious computer offence. A serious computer offence includes crimes such as hacking, unauthorised access to data, or impairment of computer systems. This provision is broad, covering not only digital data stored in computers but also physical documents containing such data. Notably, a person can still be found guilty of this offence even if the intended serious computer offence was impossible to commit, emphasising the law’s preventative focus.
What Must the Prosecution Prove?
To secure a conviction under Section 247F, the prosecution must prove the following elements beyond a reasonable doubt:
- You produced, supplied, or obtained
This includes electronic data stored in computers or data storage devices, as well as physical documents containing such data.
- You did so with the intention of:
- Committing a serious computer offence, or
- Facilitating the commission of a serious computer offence (either by themselves or by another person).
Even if it was impossible to commit the serious computer offence, you can still be found guilty under this section if the intention to commit or facilitate such an offence is established.
Penalties for producing, supplying or obtaining data with the intent to commit a serious computer offence:
The offence of producing, supplying, or obtaining data with the intent to commit a serious computer offence under Section 247F carries a maximum penalty of 3 years imprisonment. While this penalty is less severe compared to some other cybercrime-related offences, it still reflects the significant harm that can arise from the misuse of data in the commission of serious computer-related crimes.
Where will my case be heard?
Producing, Supplying or Obtaining Data with Intent to Commit Serious Computer Offence will be heard in the Magistrates’ Court.
Factors and defences to consider:
- Did you produce, supply or obtain data with the intention to commit a serious computer offence?
- What was the significance of the offence? The greater the potential damage, the more serious the offence.
- Did you pre-plan this offence?
- Were your actions accidental?
- Were you authorised to produce, supply or obtain the data? e.g., as part of your job or under lawful circumstances
- What were the surrounding circumstances of this offence?
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What happens next?
If you have been charged with unauthorised producing, supplying or obtaining data with the intent to commit a serious computer offence, it is essential to act quickly and seek legal advice. This offence carries severe consequences, including the potential for imprisonment of up to 3 years.
At MK Law, we have extensive experience in dealing with complex cyber-related charges. Our dedicated legal team will work with you to understand the charges, examine the evidence, and build a strong defence strategy. Contact MK Law today on 1800 130 120 for expert legal assistance and ensure your rights are protected throughout the legal process.
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