Unauthorised Modification of Data to Cause Impairment (Commonwealth)

by Doogue O'Brien George Criminal Defence Lawyers

The Maximum Penalty for “Unauthorised Modification of Data to Cause Impairment (Commonwealth)” in Melbourne – How Serious is This Offence?

The charge of “Unauthorised Modification of Data to Cause Impairment (Commonwealth)” has a maximum penalty of 10 years imprisonment. However, a person convicted of this offence is only likely to be required to serve such a penalty if the offence committed is an extreme example of the charge. Unauthorised Modification of Data to Cause Impairment (Commonwealth)” is a very serious offence that can lead to a prison term upon conviction. This degree of seriousness can be seen by the type of Court that has jurisdiction over relevant cases: the County Court.

 

The legislation on “Unauthorised Modification of Data to Cause Impairment (Commonwealth)”

Section 477.2 of the Criminal Code Act 1995 is the relevant legislative provision for “Unauthorised Modification of Data to Cause Impairment (Commonwealth)”. It states:

                             

Unauthorised Modification of Data to Cause Impairment

 

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

 

(a)  the person causes any unauthorised modification of data held in a computer; and

 

(b)  the person knows the modification is unauthorised; and

 

(c)  the person is reckless as to whether the modification impairs or will impair:

 

(i)  access to that or any other data held in any computer; or

(ii)  the reliability, security or operation, of any such data; and

 

(d)  one or more of the following applies:

 

(i)  the data that is modified is held in a Commonwealth computer;

(ii)  the data that is modified is held on behalf of the Commonwealth in a computer;

(iii)  the modification of the data is caused by means of a carriage service;

(iv)  the modification of the data is caused by means of a Commonwealth computer;

(v)  the modification of the data impairs access to, or the reliability, security or operation of, other data held in a Commonwealth computer;

(vi)  the modification of the data impairs access to, or the reliability, security or operation of, other data held on behalf of the Commonwealth in a computer;

(vii)  the modification of the data impairs access to, or the reliability, security or operation of, other data by means of a carriage service.

 

Penalty:  10 years imprisonment.

 

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

 

(3)  A person may be guilty of an offence against this section even if there is or will be no actual impairment to:

 

(a)  access to data held in a computer; or

 

(b)  the reliability, security or operation, of any such data.

 

(4)  A conviction for an offence against this section is an alternative verdict to a charge for an offence against section 477.3 (unauthorised impairment of electronic communication).

 

Pleading guilty or not guilty to “Unauthorised Modification of Data to Cause Impairment (Commonwealth)” in a Melbourne Court

Deciding whether you should plead guilty or not guilty to the charge of “Unauthorised Modification of Data to Cause Impairment (Commonwealth)” is a very serious issue that must be thoroughly discussed with a criminal defence solicitor. Don’t risk your chances in Court. Failure to establish a good defence in Court can result in very severe consequences.

 

Elements of the charge of “Unauthorised Modification of Data to Cause Impairment (Commonwealth)” in a Melbourne Court

It must be established in Court that the defendant caused a modification of data held in a computer. This modification must have been unauthorised and the defendant must have been aware that it was unauthorised. The defendant must have also intended the modification or was reckless about it, thereby impairing access or the reliability, security, or operation of any data held in a computer.

 

Defending the charge of “Unauthorised Modification of Data to Cause Impairment (Commonwealth)” in a Melbourne Court

Defences that are often run in relation to this charge are issues revolving around a factual dispute. Was the modification really unauthorised? Other defences include duress and lack of intent or lack of recklessness. It is up to the lawyer handling the case to decide whether a certain defence will be appropriate given the circumstances surrounding an offence.

 

For more information on “Unauthorised Modification of Data to Cause Impairment (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.



Findlaw

We welcome your feedback

Hi there! We want to make this site as good as it can for you, the user. Please tell us what you would like to do differently and we will do our best to accommodate!

   
Protected by FormShield


 
 
We've updated our Privacy Statement, before you continue. please read our new Privacy Statement and familiarise yourself with the terms.