Have you been charged with Unauthorised Access, Modification or Impairment with Intent to Commit Serious Offence?
If so, you will need to see an experienced criminal lawyer as soon as possible.
Did you cause the unauthorised computer function? Did you know it was unauthorised? Did you intend to commit the offence?
These are the sorts of questions that need to be considered before you inform a court of how you intend to plead. You may have a defence.
The offence
Section 247B of the Crimes Act 1958
The prosecution must prove:
the defendant caused any unauthorised computer function;
the defendant knew that the function was unauthorised; and
the defendant intended to commit a serious offence or facilitate the commission of a serious offence.
The maximum penalty
Imprisonment for a term of 5 years or more. A maximum of 10 years imprisonment for a serious offence.
Where will my case be heard?
Unauthorised Access, Modification or Impairment with Intent to Commit Serious Offence will usually be heard in the Magistrates’ Court, unless it is a very serious example of the offence.
What to do next
The more time a criminal lawyer has to prepare for your matter, the better your chances will be in court. Don’t leave it to the last minute.
If you have been charged with Unauthorised Access, Modification or Impairment with Intent to Commit Serious Offence, make an appointment to see one of our experienced criminal lawyers today.
The legislation
Section 247B Unauthorised Access, Modification or Impairment with Intent to Commit Serious Offence
(1) A person who causes any unauthorised computer function—
(a) knowing it is unauthorised; and
(b) with the intention of committing a serious offence or facilitating the commission of a serious offence (whether by the person or by another person)—
is guilty of an offence and liable to the same maximum penalty as applies to the commission of the serious offence in Victoria.
(2) In this section serious offence means—
(a) an offence in Victoria punishable on conviction for a first offence with imprisonment for a term of 5 years or more; or
(b) an offence in any other jurisdiction that would be punishable on conviction for a first offence with imprisonment for a term of 5 years or more if committed in Victoria.
(3) A person may be found guilty of an offence against this section—
(a) even if committing the serious offence is impossible; or
(b) whether the serious offence is to be committed at the time of the unauthorised conduct or at a later time.
(4) It is not an offence to attempt to commit an offence against this section.
