Section 308F of the Crimes Act is the offence of Possession of Data with Intent and is extracted below.
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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.
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.
Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
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