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.
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.