Unauthorised Access, Modification Or Impairment With Intent To Commit A Serious 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
Have You Been Charged with Unauthorised Access, Modification or Impairment with Intent to Commit a Serious Offence:
If you find yourself in this situation, it is crucial to engage a law firm with proven expertise in computer-related criminal law.
The criminal justice system (CJS), which includes police, courts, magistrates, and judges, can be an unfamiliar and intimidating environment, especially for unrepresented or first-time defendants.
Charges related to unauthorised access, modification, or impairment with intent to commit a serious offence are taken very seriously by the courts, often leading to severe penalties, particularly in light of the recent rise in these offences in Victoria. If you are alleged to have committed a computer or cyber-crime, it is common for police to charge you with multiple offences.
The legislation under Section 247B of the Crimes Act 1985 (“CA”) regarding unauthorised access, modification, or impairment with intent to commit a serious offence is complex. Preserving evidence before it is lost or damaged (such as witness statements) and considering various aggravating and mitigating factors are critical. It is essential to seek legal advice from us as soon as possible before facing court to help achieve the most favourable outcome.
What Does Unauthorised Access, Modification or Impairment with Intent to Commit a Serious Offence Mean?
Unauthorised access, modification, or impairment with intent to commit a serious offence is classified as a serious (indictable) offence in Victoria and is outlined under Commonwealth legislation—specifically, section 477.1 of the Criminal Code 1995 (Cth)(“CC”). It is also addressed under state legislation—section 247B of the CA.
This offence is defined as a person accessing, modifying, or impairing computer data with the intent to commit or facilitate a serious offence
Related computer/cyber-crime offences include:
- Unauthorised access, modification, or impairment with intent to commit/facilitate a serious offence (State offence – s 247B CA)
- Unauthorised impairment of electronic communication (Commonwealth offence – s 477.3 CC; State offence – s 247D CA)
- Internet sex offending
- Possessing, supplying, obtaining, or producing data with intent to commit a serious computer offence
- Unauthorised impairment of data held in a computer disk, credit card, or another device
- Unauthorised modification of data to cause impairment (State/Commonwealth legislation)
Examples of Unauthorised Access, Modification or Impairment with Intent to Commit a Serious Offence
This category covers a wide range of actions and behaviours. Common examples include:
- Accessing a business’s internal computer database and altering details to complete tasks that would not have been possible otherwise.
- Accessing another person’s Facebook account without authorisation to post discriminatory remarks about Indigenous individuals.
- Accessing a business’s internal database to obtain personal details about clients.
Police Interview
If you are alleged to have committed unauthorised access, modification, or impairment with intent to commit a serious offence, you will often be requested to attend a formal police interview, which is recorded for evidence and to determine whether to formally charge you. At this stage, police typically have gathered evidence against you (such as witness and victim statements) that they will not disclose. You have the option to contact a lawyer for legal advice, support, or representation before the interview.
We can provide specialised, clear, and confidential legal advice over the phone or in person that addresses all your concerns prior to the police interview. This includes guidance on whether to make a statement, what to expect during the interview, your rights and obligations, whether to answer all questions or exercise your right to silence, and whether you need to provide DNA or mobile phone data. We can also accompany you during the formal police interview to alleviate your anxiety and stress.
It is crucial to remain courteous throughout the interview, as it will be recorded and can impact your credibility and defence if you are disrespectful.
Questions to Consider Before Pleading Guilty or Not Guilty:
To assess whether you have a strong chance of successfully defending your charge of unauthorised access, modification, or impairment with intent to commit a serious offence in court, consider the following points:
- Has the prosecution provided correct particulars of the charges?
- Does the prosecution have a compelling case against me?
- Did I intentionally access, modify, or impair a computer system?
- Was I authorised to do so?
- Should I plead guilty or not guilty, and what are the implications of each choice?
- Can the prosecution prove I committed the offence?
- Is the link between the evidence and me clear?
- Was I acting alone or with co-accused?
- When did the alleged offence occur, and when was I charged?
- What options do I have to minimise my penalty?
- Can I provide a lawful reason for my actions, such as mental impairment or illness?
- Should we subpoena relevant material from the opposing party?
Our experienced lawyers are here to help answer these questions and prepare a robust case for you.
What does the prosecution have to prove?
To establish whether you have been charged with unauthorised access, modification, or impairment with intent to commit a serious offence, it is important to evaluate the elements of the offence (see definition above). In essence, can the prosecution prove beyond a reasonable doubt all aspects of the offence?
The prosecution must establish that:
- You caused unauthorised access, modification, or impairment to data held in a computer or electronic communication.
- The access, modification, or impairment was without authorisation, as defined under section 476.2 CC.
- You knew that your actions were unauthorised.
- You committed the offence with the intent to commit or facilitate a serious Commonwealth, State, or Territory offence.
- A serious offence is defined as one punishable by life imprisonment or at least five years imprisonment.
- The prosecution does not need to prove that you knew the offence was serious to establish this element.
- If the commission of the serious offence is impossible, this element can still be established.
Note: If the prosecution cannot establish beyond a reasonable doubt all elements of the offence, you are not guilty.
Where Will My Matter Be Heard?
Charges of unauthorised access, modification, or impairment with intent to commit a serious offence are serious (indictable) offences typically dealt with in higher courts (County or Supreme Court of Victoria).
Factors and Defences to consider:
If you plead not guilty to your charges, various defences may lawfully explain your behaviour, depending on the specifics of your case. Each case is unique and requires a tailored approach. Possible defences include:
- The prosecution failing to prove beyond a reasonable doubt all elements of the offence.
- Lack of knowledge regarding the unauthorised nature of the access, modification, or impairment.
- No actual access, modification, or impairment of computer data.
- Evidence of authorisation.
- Duress, where you were compelled by another person to send communication under threat of harm.
- An alibi demonstrating you were elsewhere at the time of the offence.
- Mistaken identity or factual disputes regarding the events.
- Mental impairment or illness, if you were unaware of the nature and quality of your actions or did not know your conduct was unlawful.
Penalties for unauthorised access, modification, or impairment with intent to commit a serious crime: yber-Crime:
If you plead or are found guilty of unauthorised access, modification, or impairment with intent to commit a serious offence, the following penalties may apply:
- A term of imprisonment (maximum term not exceeding the penalty for the serious offence).
- A diversion (conviction or non-conviction), particularly for first-time offenders or those with mental illness.
- A non-disclosable outcome, allowing you to take responsibility without a criminal record.
- A promise to the court to maintain good behaviour.
- A financial fine (conviction or non-conviction).
- A community corrections order (conviction or non-conviction).
- A Youth Justice Centre Order.
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What happens next?
MK Law has a team of expert criminal defence lawyers across our offices in Melbourne, New South Wales, South Australia, and Western Australia. We have represented thousands of clients facing charges of unauthorised access, modification, or impairment with intent to commit a serious offence. We take allegations very seriously. During our confidential consultations, we attentively listen to your unique instructions and perspective, evaluate all relevant factors, explain potential penalties, and guide you through the best options—whether to plead guilty or not guilty, seek a lesser charge, or admit guilt to streamline the prosecution process. We appear in court daily and understand what strategies work best. Our in-house counsel is well-versed in running contested hearings and trials, ensuring that you receive consistent legal representation from the outset.
Our experience includes developing robust plea and defence strategies in Victorian courts by contesting charges if you have been wrongly accused. This may involve conducting independent investigations, requesting disclosure materials, scrutinising police evidence for weaknesses, and thoroughly preparing for cross-examinations. We also explain the underlying circumstances of your situation and present evidence to support your case, such as witness statements, character references, and expert reports. We are dedicated to defending you and persuading the court to impose the fairest and most lenient penalty, which may include avoiding imprisonment, reducing charges, or having charges dismissed or withdrawn.
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- 1800 130 120
- marcus@mklawfirm.com.au