The criminal offence of unauthorised access to or modification of restricted data held in computer is a serious criminal offence that can lead to serious consequences. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of unauthorised access to or modification of restricted data held in computer.
If you or anyone you know have been accused or charged with the criminal offence of unauthorised access to or modification of restricted data held in computer, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF UNAUTHORISED ACCESS TO OR MODIFICATION OF RESTRICTED DATA HELD IN COMPUTER?
Section 308H of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to:
- Cause any unauthorised access to or modification of restricted data held in a computer, and
- Know that the access or modification is unauthorised, and
- Intend to cause that access or modification
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WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF UNAUTHORISED ACCESS TO OR MODIFICATION OF RESTRICTED DATA HELD IN COMPUTER?
Section 308H of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 2 years imprisonment for anyone convicted of the criminal offence of unauthorised access to or modification of restricted data held in computer. A conviction of the criminal offence of unauthorised access to or modification of restricted data held in computer may also have serious repercussions on your professional career and personal life.
WHAT IS THE DEFINITION OF RESTRICTED DATA?
To best understand the criminal offence of unauthorised access to or modification of restricted data held in computer, it is important to know what the definition of restricted data is.
Section 308H of the Crimes Act 1900 (NSW) defines restricted data as data held in a computer, being data to which access is restricted by an access control system associated with a function of the computer.
AWARD-WINNING LAWYER SECURES FURTHER WITHDRAWAL OF CHARGES FOR CRIMINAL OFFENCE OF UNAUTHORISED ACCESS TO OR MODIFICATION OF RESTRICTED DATA HELD IN COMPUTER
Criminal Lawyers Group’s Principal and award-winning criminal lawyer Mr Steven Mercael successfully obtained the withdrawal of charges for a client who had been charged with the criminal offence of unauthorised access to or modification of restricted data held in computer, after successfully arguing the position that proceedings for an offence against the relevant section were not commenced within 3 years of the date on which the offence of unauthorised access to or modification of restricted data held in computer was alleged to have been committed.
The specific provision Mr Mercael relied upon was Section 308H(4) of the Crimes Act 1900 (NSW), which states that proceedings for an offence against this section must be commenced within 3 years of the date on which the offence was alleged to have been committed.
NSW MAN CHARGED WITH CRIMINAL OFFENCE OF UNAUTHORISED ACCESS TO OR MODIFICATION OF RESTRICTED DATA HELD IN COMPUTER
A 38 year old NSW man has been charged with the criminal offence of unauthorised access to or modification of restricted data held in computer, with authorities alleging that the man hacked JusticeLink, which is Australia’s largest online court-filing system and downloaded more than 9,000 files.
The files were allegedly accessed over a period of two months, although authorities do not believe that any personal data was compromised.
The man was arrested in Maroubra and was also charged with the criminal offence of use of carriage service to cause harm.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of unauthorised access to or modification of restricted data held in computer, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of unauthorised access to or modification of restricted data held in computer.