Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device is found in section 247H of the Crimes Act 1958 in Victoria. It is committed by a person who impaired data held on a computer disk, credit card or other electronic device.
Have you been accused of Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device?
Have you been accused of Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device?
Police Interview
If police suspect you have committed the offence of Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device, they are going to contact you to arrange an interview. Ensuring you obtain legal advice prior to going ahead with the interview is crucial.At Doogue + George Defence Lawyers we have experience in dealing with criminal allegations from start to finish, we understand how a police interview can impact the running of your case in Court. Calling us prior to an interview will help you to feel more at ease in a daunting situation and ensures that you do not walk away from the police interview having compromised your position.
We will guide you through the interview process, discuss the likely questions and ensure you understand your rights and obligations including making a no comment interview or answering police questions.
Pleading Not Guilty
If you deny an allegation of Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device, you will take your matter to trial. One of our expert trial lawyers can help you to understand the Court process and the steps it will take to reach an acquittal in your case. Also, our lawyers will prepare to strongly defend your case. This will involve looking for failings in the brief of evidence and engaging an aptly qualified expert. In a case like this, there may be forensic evidence which needs to be analysed and explained to the jury.Pleading Guilty
A plea hearing is your chance to tell the Court why you committed the offence of gaining Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device. The Court will want to hear about the circumstances that lead to the offending, your personal circumstances and legal submissions. Our lawyers are dedicated Court advocates and are best placed to represent you on a plea of guilty. Obtaining advice from Doogue + George Defence Lawyers will help to ensure you do not miss an opportunity to minimise the penalty.Which court will the case be heard in?
This charge is a summary offence and will therefore be heard in the Magistrates’ Court.Examples of Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device
- You impair data held on a computer disk in order to give yourself access to a person’s private information.
What is the legal definition of Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device?
- A person who—
- causes any unauthorised impairment of the reliability, security or operation of data held on a computer disk, credit card or other device used to store data by electronic means; and
- knows that the impairment is unauthorised; and
- intends to cause the impairment—
Legislation
The legislation for this offence can be found on section 247H of Crimes Act 1958.Elements of the offence
To prove this charge, the prosecution must prove the following beyond reasonable doubt:- The accused causes any unauthorised impairment of the reliability, security or operation of data held on a computer disk, credit card or other device used to store data by electronic means; and
According to section 3, impairment of reliability, security or operation of data is unauthorised if the person is not entitled to cause the impairment. - The accused knew that the impairment is unauthorised; and
The accused must have known that they were not entitled to cause the impairment. If the prosecution can’t show that the accused had knowledge, this offence will not be made out. Whether or not the accused knew they weren’t authorised will depend on circumstances.
“Can they prove you knew the impairment was unauthorised?”
- The accused intended to cause the impairment
There must be an intention to cause the impairment. Mere inadvertence or carelessness will not be sufficient.
Defences
Defences to this charge can include can include a factual dispute, the fact that the accused was authorised, or duress.You should ring us and discuss your case if you have been charged. Deciding on whether to plead guilty or not has implications for you and should be made after proper discussions with a criminal lawyer.
Questions in cases like this
- Did you impair data?
- Did you know that you were not authorised to impair the data?
- Did you intend to cause the impairment?
