Section 308F Crimes Act | Possession of Data with Intent


Section 308F of the Crimes Act is the offence of Possession of Data with Intent and is extracted below.

If you are Charged with Possession of Data with Intent and require Expert Legal Advice from an Experienced Criminal Defence Lawyer, call Sydney Criminal Lawyers® today on
(02) 9261 8881 to arrange a Free First Conference

If you wish to plead ‘not guilty’, our Senior Criminal Lawyers will fight hard to prove your innocence in court.

If you wish to plead ‘guilty’, we will use our vast experience to get you the best possible result in the circumstances, including ‘section 10 dismissals or conditional release orders’ where possible (no criminal record / conviction).

Our Results are consistently far better than those achieved by other criminal law firms.

The Legislation

Section 308F of the Crimes Act 1900 deals with the offence of ‘Possession of Data with Intent’ and reads as follows:

308F Possession of data with intent to commit serious computer offence

(1) A person who is in possession or control of data:
(a) with the intention of committing a serious computer offence, or
(b) with the intention of facilitating the commission of a serious computer offence (whether by the person or by another person),
is guilty of an offence. Maximum penalty: Imprisonment for 3 years.

(2) For the purposes of this section, “possession or control of data” includes:
(a) possession of a computer or data storage device holding or containing the data or of a document in which the data is recorded, and
(b) control of data held in a computer that is in the possession of another person (whether the computer is in this jurisdiction or outside this jurisdiction).

(3) A person may be found guilty of an offence against this section even if committing the serious computer offence concerned is impossible.

(4) It is not an offence to attempt to commit an offence against this section.