Other (inc. Computer Offences) – NSW
Welcome to the NSW Unauthorised access with intent (computer) article page. Everything you need to know about Unauthorised access with intent (computer) according to NSW law – Dated: 01/09/2009
What the Law States according to NSW Law for Unauthorised access with intent (computer)
According to NSW Law for the charge of Unauthorised access with intent (computer):
On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:
|Unauthorised function with intent serious offence (penalty<=10 y)-T1
|Unauthorised function with intent serious offence (penalty> 10 y)-SI
The Maximum Penalty – Unauthorised access with intent (computer)
According to NSW Law for the charge of Unauthorised access with intent (computer)
The maximum penalty for the charge of unauthorised access with intent (Section 308C of the Crimes Act) is the same as if the person had committed, or enabled the commission of the offence.
In NSW, a court can impose any of the following penalties for a unauthorised access with intent charge.
- Section 10: unauthorised access with intent proven but dismissed
- Good behaviour bond
- Community service order (CSO)
- Suspended sentence
- Intensive correction order (previously periodic detention)
- Home detention
- Prison sentence
You’ll find a brief description of each of these penalties at the bottom of this page.
Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of unauthorised access with intent, if heard in the Local Court, is likely to be a suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act.
For first time offenders the likely penalty is a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 3 years.
What the Police must prove according to NSW Law for Unauthorised access with intent (computer)
To convict you of an unauthorised access with intent charge, the police must prove each of the following matters beyond a reasonable doubt:
- You caused an unauthorised computer function.
- You knew it was unauthorised.
- It was done with the intention of committing a serious indictable offence, or facilitating the commission of a serious indictable offence, whether by you or another person.
They will also need to prove that you were the person who committed the unauthorised access with intent offence.
Possible Defences under NSW Law – Unauthorised access with intent (computer)
Possible defences to an unauthorised access with intent charge include but are not limited to:
- Self Defence
In NSW which court will hear the matter – Unauthorised access with intent (computer)
This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Section 10 for an Unauthorised access with intent charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.
Fines for an Unauthorised access with intent charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.
Good behaviour bond for an Unauthorised access with intent charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.
Community service order for an Unauthorised access with intent charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.
Suspended sentence for an Unauthorised access with intent charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.
Periodic detention for an Unauthorised access with intent charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.
Intensive correction order for an Unauthorised access with intent charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.
Jail for an Unauthorised access with intent charge: This is the most serious penalty for the charge of Unauthorised access with intent and involves full time detention in a correctional facility.