The increased use of technology in recent years has required the law to adapt to accommodate various technological offences.
Section 308G of the Crimes Act makes it an offence to produce, supply or obtain data with the intention of committing or facilitating the commission of a ‘serious computer offence.’
The law defines a ‘serious computer offence’ as either:
• Unauthorised access, modification or impairment with the intention of committing a serious indictable offence (section 308 C of the Crimes Act);
• Unauthorised modification of data with intent to cause impairment (section 308 D of the Crimes Act);
• Unauthorised impairment of electronic communication (section 308 E of the Crimes Act).
You can still be convicted of an offence under this section even if it is impossible to commit the ‘serious computer offence’ alleged.
However, it is not an offence to simply attempt to produce, supply or obtain data with the intention of committing a serious computer offence.
The maximum penalty if found guilty of this offence is 3 years imprisonment.
It’s important to remember that this is the absolute maximum penalty that can be imposed for this offence – and with the help of our experienced criminal defence team, you can fight the charges to avoid a conviction under this section.
Section 308G of the Crimes Act 1900 deals with the offence of ‘Produce Supply Obtain Data with Intent’ and reads as follows:
308G Producing, supplying or obtaining data with intent to commit serious computer offence
(1) A person who produces, supplies or obtains 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, “produce”, “supply or obtain data” includes:
(a) produce, supply or obtain data held or contained in a computer or data storage device, or
(b) produce, supply or obtain a document in which the data is recorded.
(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.
It can be daunting and nerve wracking to be accused of producing, supplying or obtaining data with the intention of committing or facilitating the commission of a ‘serious computer offence.’
However, with the help of our experienced criminal defence team, you can fight the charges to avoid an onerous penalty.
Our lawyers specialise almost exclusively in criminal law and have experience fighting a wide range of computer-related offences.
We will fight hard to have the charges dropped at an early stage in the proceedings, meaning that our clients are often spared the time and expense of a defended hearing.
Where your matter progresses to a defended hearing, you can rest assured that our senior lawyers will raise all possible defences and evidence to support your case in the most persuasive manner possible.
We have a proven track record of obtaining outstanding outcomes in these types of cases and you can count on us to fight fearlessly to protect your interests.
Our lawyers can also assist you if you wish to plead guilty to the allegations.
In these cases, we will fight to obtain the best possible outcome in your matter by preparing and presenting compelling sentencing submissions which highlight the appropriateness of a lenient penalty.
Our ability to obtain excellent results in these cases is unmatched.
Call us today on (02) 9261 8881 and book your FREE first conference to meet with one of our dedicated experts.