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s247E Possession of Data with Intent to Commit Serious Computer Offence

Have you been charged with Possession of Data with Intent to Commit Serious Computer Offence?

There a number of things to consider if you have been charged with this offence. Can the prosecution make out their case? Did you have possession or control of data? Did you intend to commit a serious computer offence? Did you help someone else to?

Carefully consider these questions with an experienced criminal lawyer as soon as possible. You should bear in mind that pleading guilty to this offence may carry a term of imprisonment.

Please read below for more information in relation to this charge.

The offence

Section 247E of the Crimes Act 1958

The prosecution must prove:

  1. The defendant was in possession or control of data with the intention of committing a serious computer offence;

  2. Or that the defendant intended to facilitate such an offence ;

  3. The defendant intended to or was reckless as to any impairment of electronic communication.

The maximum penalty

A term of imprisonment not exceeding 3 years.

Where will my case be heard?

Possession of Data with Intent to Commit Serious Computer Offence will usually be heard in the Magistrates’ Court.

What to do next?

You should contact a specialist criminal lawyer to discuss your matter and go over the options you may have. It is critical that you allow adequate time to prepare for your matter in order to achieve the best result possible.

Speak to one of our experienced criminal lawyers today.

The legislation

Section 247E Possession of Data with Intent to Commit Serious Computer Offence

(1) A person who is in possession or control of data—

(a) with the intention of committing a serious computer offence; or

(b) with the intention of facilitating the commission of a serious computer offence (whether by the person or by another person) —

is guilty of an offence and liable to imprisonment for a term not exceeding 3 years.

(2) In this section, a reference to a person having possession or control of data includes a reference to a person—

(a) having possession of a computer or data storage device that holds or contains the data; and

(b) having possession of a document in which the data is recorded; and

(c) having control of data held in a computer that is in the possession of another person (whether the computer is in Victoria or outside Victoria).

(3) A person may be found guilty of an offence against this section even if committing the serious computer offence is impossible.

(4) It is not an offence to attempt to commit an offence against this section.

Computer Offences

Crimes Act 1958

s247B Unauthorised Access, Modification or Impairment with Intent to Commit Serious Offence

s247C Unauthorised Modification of Data to Cause Impairment

s247D Unauthorised Impairment of Electronic Communication

s247E Possession of Data with Intent to Commit Serious Computer Offence

s247F Producing, Supplying or Obtaining Data with Intent to Commit Serious Computer Offence

s247G Unauthorised Access to or Modification of Restricted Data

s247H Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

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7/2 Nelson St
Ringwood VIC 3134

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9/7 Bridge Street
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