About Computer Offences
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- Our Process
- The Law
- Possible Defences
- Possible Outcomes
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alleged computer offence in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our tech crime lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with computer offence experience.
Meet with lawyers who have successfully represented clients charged with computer offences.
- Past Cases
- Good Results
- Happy Clients
Unauthorised Use Of Computer Systems
Criminal code offence
Section 440A
“A person who unlawfully uses a restricted-access computer system is guilty of a crime."
Elements of the offence
- ‘A person’ - Means an individual
- 'Unlawfully uses’ - Means use of matter that is unauthorised, justified or excused by law, such as an officer acting in the course of their employment for a lawful purpose. ‘Use’ means to gain access to information stored in the system, or to operate the system in some other way.A person unlawfully uses a restricted-access computer system if the person uses it when he or she is not properly authorised to do so, or if the person being authorised to use it, uses it other than in accordance with his or her authorisation.
- ‘Restricted-access computer system’ - Means a password is required to operate the system or to access stored information in the system; and the person who is permitted to use the system has either been given the password by someone else or has created the password and has strictly given it to authorised persons. ‘Computer system’ includes a part of a computer system and/or an application of a computer system.
What the Police & Prosecution must prove in court to secure a stealing criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the WA Police or the Office of the Director for Public Prosecutions (ODPP), “State Lawyers”.
- This type of offence is called an either way offence. This means that it can be dealt with by Police and a Magistrate in the Magistrates Court or the State lawyers and a Judge in the District Court depending on the nature of the offending.
- The Police Prosecutions or State lawyers must prove the elements of the offence beyond a reasonable doubt. This is the highest standard of proof known to the law, although it is not unreachable.
For this offence, the prosecution must prove the following elements beyond reasonable doubt:
- That it was the person accused;
- Who unlawfully used;
- A restricted access computer system.
Each of these elements must be proven beyond a reasonable doubt for the accused to be found guilty of this offence.
How they might prove this
- The Prosecution may rely upon witness statements from witnesses, Investigating Officers, Police Officers, civilian witnesses and complainants.
- The Computer Crime Squad will likely seize all computer technology, mobile devices and media storage devices for the purposes of digital tracing access and contents.
- Documentary or CCTV footage may be used if it is alleged the offending occurs at a specific location and specific time.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with computer offence experience.
Meet with lawyers who have successfully represented clients charged with computer offences.
- Past Cases
- Good Results
- Happy Clients
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Elements not possible
It is a defence to prove that the elements of the offence cannot be made out, specifically that it was the Accused person who accessed the computer system, and further that the access was not authorised.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with computer offence experience.
Meet with lawyers who have successfully represented clients charged with computer offences.
- Past Cases
- Good Results
- Happy Clients
What’s taken into account if you’re found guilty...
- The circumstances of the computer offence
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
If the offender gained a benefit or caused some detriment (financial or otherwise to another person up to the value of $5,000.00) as a result of their unlawful access to restricted computer systems, that offender will be liable to a maximum term of imprisonment for up to 10 years.
A person who gains or intends to gain a benefit (monetary or otherwise for any person) or causes or intends to cause detriment (monetary or otherwise to any person) is liable to imprisonment for up to 5 years.
In any other case, the accused may be liable to imprisonment for 2 years. But if the matter is heard in the Magistrates Court, the accused may only be liable to imprisonment for up to 12 months and a fine of up to $12,000.00.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of stealing
If the matter is dealt with summarily in the Magistrates Court the fine is up to $36,000.00
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with computer offence experience.
Meet with lawyers who have successfully represented clients charged with computer offences.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alleged computer offence in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our tech crime lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with computer offence experience.
Meet with lawyers who have successfully represented clients charged with computer offences.
- Past Cases
- Good Results
- Happy Clients
The Law
Unauthorised Use Of Computer Systems
Criminal code offence
Section 440A
“A person who unlawfully uses a restricted-access computer system is guilty of a crime."
Elements of the offence
- ‘A person’ - Means an individual
- 'Unlawfully uses’ - Means use of matter that is unauthorised, justified or excused by law, such as an officer acting in the course of their employment for a lawful purpose. ‘Use’ means to gain access to information stored in the system, or to operate the system in some other way.A person unlawfully uses a restricted-access computer system if the person uses it when he or she is not properly authorised to do so, or if the person being authorised to use it, uses it other than in accordance with his or her authorisation.
- ‘Restricted-access computer system’ - Means a password is required to operate the system or to access stored information in the system; and the person who is permitted to use the system has either been given the password by someone else or has created the password and has strictly given it to authorised persons. ‘Computer system’ includes a part of a computer system and/or an application of a computer system.
What the Police & Prosecution must prove in court to secure a stealing criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the WA Police or the Office of the Director for Public Prosecutions (ODPP), “State Lawyers”.
- This type of offence is called an either way offence. This means that it can be dealt with by Police and a Magistrate in the Magistrates Court or the State lawyers and a Judge in the District Court depending on the nature of the offending.
- The Police Prosecutions or State lawyers must prove the elements of the offence beyond a reasonable doubt. This is the highest standard of proof known to the law, although it is not unreachable.
How they might prove this
- The Prosecution may rely upon witness statements from witnesses, Investigating Officers, Police Officers, civilian witnesses and complainants.
- The Computer Crime Squad will likely seize all computer technology, mobile devices and media storage devices for the purposes of digital tracing access and contents.
- Documentary or CCTV footage may be used if it is alleged the offending occurs at a specific location and specific time.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with computer offence experience.
Meet with lawyers who have successfully represented clients charged with computer offences.
- Past Cases
- Good Results
- Happy Clients
Possible Defences
If we can prove one of these defences together
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Elements not possible
It is a defence to prove that the elements of the offence cannot be made out, specifically that it was the Accused person who accessed the computer system, and further that the access was not authorised.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with computer offence experience.
Meet with lawyers who have successfully represented clients charged with computer offences.
- Past Cases
- Good Results
- Happy Clients
Possible Outcomes
What’s taken into account if you’re found guilty
- The circumstances of the computer offence
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
If the offender gained a benefit or caused some detriment (financial or otherwise to another person up to the value of $5,000.00) as a result of their unlawful access to restricted computer systems, that offender will be liable to a maximum term of imprisonment for up to 10 years.
A person who gains or intends to gain a benefit (monetary or otherwise for any person) or causes or intends to cause detriment (monetary or otherwise to any person) is liable to imprisonment for up to 5 years.
In any other case, the accused may be liable to imprisonment for 2 years. But if the matter is heard in the Magistrates Court, the accused may only be liable to imprisonment for up to 12 months and a fine of up to $12,000.00.
Conditional suspended imprisonment
You may be handed a conditional suspended imprisonment order if found guilty of stealing
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
The standard conditions and primary requirements include:
- Supervision – The offender will be supervised so that progress can be monitored and regular counselling provided. The community corrections officer will determine how often an offender reports. That may be once a week or, in some cases, more frequently
- Program – The purpose of a program is to make sure the offender's criminal behaviour is curbed by treatment and assessment. It may be treatment for substance abuse, or a requirement to attend an educational, vocational or personal development program. The court can also determine that the offender will live at a specific location so they can attend the program it believes will help
- Curfew – A curfew may be imposed for up to six months to restrict the movements of offenders in periods when there is a high risk of them reoffending. It may apply between two and 12 hours in any one day, with offenders also liable to electronic monitoring, at the direction of a community corrections officer.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of stealing
If the matter is dealt with summarily in the Magistrates Court the fine is up to $36,000.00
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not Guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges Dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with computer offence experience.
Meet with lawyers who have successfully represented clients charged with computer offences.
- Past Cases
- Good Results
- Happy Clients
