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Unauthorised modification of data to cause impairment
Unauthorised modification of data to cause impairment
Other (inc. Computer Offences) - VIC
The Law - Unauthorised modification of data to cause impairment
What the Law states - Unauthorised modification of data to cause impairment
Crimes Act 1958 - SECT 247C
Unauthorised modification of data to cause impairment247C. Unauthorised modification of data to cause impairment
A person who-
(a) causes any unauthorised modification of data held in a computer; and
(b) knows that the modification is unauthorised; and
(c) intends by the modification to impair access to, or to impair the reliability, security or operation of, any data held in a 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 modification of data to cause impairment - Vic
1. That the accused caused a modification of data held in a computer
2. The modification was unauthorised
3. The accused knew the modification was unauthorised
4. The accused inteded by the modification or was reckless as to the modification either
(i) impairing access to, or
(ii) impairing the reliability, security or operation of, any data held in a computer.
Possible Defences - Unauthorised modification of data to cause impairment
1. Factual Dispute
2. Authority
3. Duress
Which court will hear the charge of Unauthorised modification of data to cause impairment
County Court
Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
