Unauthorised access to data held in a computer is an offence under section 308H of the Crimes Act 1900 which carries a maximum penalty of 2 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You accessed or modified restricted data without authorisation
- You intended to cause that access or modification, and
- You knew the access or modification was unauthorised
You must be found not guilty if the prosecution is unable to prove each of these ‘elements’
‘Restricted data’ is that which is held in a computer and restricted by an access control system
‘Access’ is defined as:
- Displaying the data
- Copying or moving the data, or
- Executing a program
‘Modify’ is defined as:
- Altering or removing the data, or
- Adding to the data
Access is ‘unauthorised’ if you are not entitled to effect it.
If you are charged with ‘unauthorised access to restricted data’ or another ‘computer hacking’ offence, call us today on (02) 9261 8881 to arrange a free first appointment and let our experienced criminal defence lawyers advise you about your options and the best way forward.
Section 308H of the Crimes Act deals with the offence of “unauthorised access to restricted data” and reads as follows:
308H Unauthorised access to or modification of restricted data held in computer (summary offence)
(1) A person:
(a) who causes any unauthorised access to or modification of restricted data held in a computer, and
(b) who knows that the access or modification is unauthorised, and
(c) who intends to cause that access or modification,
is guilty of an offence. Maximum penalty: Imprisonment for 2 years.
(2) An offence against this section is a summary offence.
(3) In this section:“restricted data”means data held in a computer, being data to which access is restricted by an access control system associated with a function of the computer.
Being accused of allowing unauthorised access to restricted data can be damaging to your reputation and future career prospects.
However, with the right legal team on your side, you can give yourself the best defence against the charges.
The expert defence team at Sydney Criminal Lawyers® specialises in criminal law, and our lawyers are well-equipped with the knowledge and skills necessary to secure an outstanding result in your “unauthorised access to restricted data” case.
Unlike other law firms who may encourage you to go to court, we always push to have the charges dropped at an early stage, sparing you the time and expense of a defended hearing.
Should your matter proceed to court, our lawyers will fight hard to protect your rights by raising all possible defences – for example, where you did not have the intention to allow access or modification of the restricted data, or where you were threatened or coerced into allowing access or modification of the data.
If you simply wish to plead guilty, our lawyers will work hard to secure the best possible result by preparing sentencing submissions which present your case in the most positive light.
Call us now on (02) 9261 8881 and book your FREE first appointment with our criminal law specialists.