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Unauthorised impairment of electronic communication
Unauthorised impairment of electronic communication
Written by
Josh Taaffe
Criminal Defence Lawyer
What the Law states - Unauthorised impairment of electronic communication
Crimes Act 1958 - SECT 247D
Unauthorised impairment of electronic communication247D. Unauthorised impairment of electronic communication
A person who-
(a) causes any unauthorised impairment of electronic communication to or
from a computer; and
(b) knows that the impairment is unauthorised; and
(c) intends to impair electronic communication to or from the computer or
is reckless as to any such impairment-
is guilty of an offence and liable to level 5 imprisonment (10 years maximum).
Maximum Penalty in Victoria
10 years
What the Prosecution must prove - Unauthorised impairment of electronic communication - Vic
1. That the accused caused an impairment of electronic communication to or from a computer.
2. That the impairment was unauthorised.
3. The accused knew the impairment was unauthorised.
4. The accused either
(i) intended to impair electronic communication to or from the computer; or
(ii) was reckless as to any such impairment.
Possible Defences - Unauthorised impairment of electronic communication
1. Factual Dispute:
(i) Impairment caused with authority
(ii) Impairment not intended
2. Duress
Which court will hear the charge of Unauthorised impairment of electronic communication
County Court
