Cyber Crime Lawyers

What Is Computer Hacking?

Computer hacking generally involves the unauthorised access, modification or impairment of any data stored on a computer. It can also be an offence to possess, supply or obtaining this data.

This is an offence under s308C and s308G of the Crimes Act 1900 NSW.

In order to prove a charge of computer hacking, the prosecution must establish beyond a reasonable doubt:

  • That the accused caused an unauthorised computer function;
  • Knowing it to be unauthorised; and
  • With the intention of committing or facilitating the commission of a serious indictable offence by the accused or another person.

If you are charged with possessing, supplying or obtaining data, the prosecution must establish beyond a reasonable doubt:

  • That you produced, supplied or obtained data;
  • With intent to commit or facilitate the commission
  • Of a serous computer offence.

Defences

  • Duress
  • Necessity

Penalty For Computer Hacking

The maximum penalty if you are convicted of these offences in the Local Court is 2 years imprisonment.

If you are convicted in the District Court, the maximum penalty for these offences is 10 years.

If you are charged with a computer offence, contact Benjamin & Leonardo Criminal Defence Lawyers for a FREE conference regarding your case.

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