The client faced 22 charges of unauthorised access to or modification of data. He had left his former employer months earlier and was upset about the way that he had been treated there.
What is alleged to have occured?
Using old passwords, he had hacked into their system and shut down the business for a one-hour period and caused other inconveniences.
The business claimed a loss of tens of thousands of dollars.
What happened at court?
Through negotiating with the police, we were able to demonstrate that this was the value of the overall transactions and not the profit lost by the business. We represented the client at the Melbourne Magistrates’ Court and organised for the client to pay compensation of the actual loss and negotiated the withdrawal of 15 of the charges.
On a plea in mitigation, we pointed to the client’s previous good character, remorse and the co-operation he had given to the police including arranging to pay compensation. We argued that the recording of a conviction would hurt our client’s career.
What was the result?
The sentencing Magistrate was persuaded to impose a fine and not record any conviction. This allowed our client to pay compensation, pay his fine and move on with his life.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013
