Unauthorised Impairment of Electronic Communication (Commonwealth)

by Doogue O'Brien George Criminal Defence Lawyers

The Maximum Penalty for “Unauthorised Impairment of Electronic Communication (Commonwealth)” in Melbourne – How Serious is This Offence?

There is a maximum penalty of 10 years imprisonment for anyone found guilty of the charge of “Unauthorised Impairment of Electronic Communication (Commonwealth)”. This offence is at the high range of criminal behaviours. This can be seen by the type of Court that has jurisdiction over cases related to this charge: the County Court.

 

The legislation on “Unauthorised Impairment of Electronic Communication (Commonwealth)”

Section 477.3 of the Criminal Code Act 1995 is the relevant legislative provision for “Unauthorised Impairment of Electronic Communication (Commonwealth)” and is as follows:

                         

Unauthorised Impairment of Electronic Communication

 

(1)  A person is guilty of an offence if:

 

(a)  the person causes any unauthorised impairment of electronic communication to or from a computer; and

 

(b)  the person knows that the impairment is unauthorised; and

 

(c)  one or both of the following applies:

 

(i)  the electronic communication is sent to or from the computer by means of a carriage service;

(ii)  the electronic communication is sent to or from a Commonwealth computer.

 

Penalty:  10 years imprisonment.

 

(2)  Absolute liability applies to paragraph (1)(c).

 

(3)  A conviction for an offence against this section is an alternative verdict to a charge for an offence against section 477.2 (unauthorised modification of data to cause impairment).

 

Pleading guilty or not guilty to “Unauthorised Impairment of Electronic Communication (Commonwealth)” in a Melbourne Court

Deciding whether to plead guilty or not guilty to a charge of “Unauthorised Impairment of Electronic Communication (Commonwealth)” has crucial implications for you and should be made with guidance from a criminal defence solicitor. If the Court finds you guilty, there could be severe consequences.

 

Elements of the charge of “Unauthorised Impairment of Electronic Communication (Commonwealth)” in a Melbourne Court

The prosecution must show that the defendant caused an impairment of electronic communication to or from a computer. This impairment must have been unauthorised and the defendant aware of this fact. It may have been the case that the defendant intentionally impaired the electronic communication to or from the computer, or was recklessness as to any such impairment.

 

Defending the charge of “Unauthorised Impairment of Electronic Communication (Commonwealth)” in a Melbourne Court

Defences that are often run in relation to this charge are factual dispute, lack of intent or recklessness, and duress. Other defences may also be applicable depending on the circumstances of the case.

 

For more information on “Unauthorised Impairment of Electronic Communication (Commonwealth)”, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here).

 

Doogue O’Brien George Melbourne can provide you more details about this

Our Head Office is at 5/221 Queen Street, Melbourne

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)

 

This article was written on Sep. 18 2013 and relates to the law as it stands at this time.


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