Unauthorised Impairment of Electronic Communication (State)

Police Interview

If the police want to interview you in relation to an allegation of Unauthorised Impairment of Electronic Communication, you must understand that you have a right to remain silent.

If you have been arrested or invited to an interview with police, you should speak to one of our criminal lawyers to obtain expert advice about whether to exercise your right to silence, or whether it is in your best interests to answer questions. You may also want to know what will happen during the interview and what questions you will likely be asked. One of our lawyers can answer all of your important questions in a confidential setting.

Pleading Not Guilty

Just because you have been charged with an offence by police, does not mean that you have to accept the allegations. Like any other criminal offence, the charge of Unauthorised Impairment of Electronic Communication must be proved beyond reasonable doubt by the prosecution.

One of our expert criminal lawyers will analyse the police brief of evidence, request any outstanding materials and devise a defence strategy for you. Ultimately, one of our lawyers will be able to provide you with the best opportunity to secure an acquittal.

Pleading Guilty

Perhaps you decide to plead guilty to Unauthorised Impairment of Electronic Communication. One of our lawyers can offer you the best representation in Court on a plea of guilty. Our lawyers know the types of submissions to make to get the best possible outcome. Our lawyers have enormous experience appearing in Court explaining their clients’ circumstances to the Court. We can assist you.

Which court will the case be heard in?

This is a charge that could end up in the County Court, unless it is heard summarily.

Examples of Unauthorised Impairment of Electronic Communication (State)

• You interfere with electronic communication from a computer, without being authorised to do so.

What is the legal definition of Unauthorised Impairment of Electronic Communication (State)?

A person who—

1. causes any unauthorised impairment of electronic communication to or from a computer; and
2. knows that the impairment is unauthorised; and
3. intends to impair electronic communication to or from the computer or is reckless as to any such impairment—

is guilty of an offence.

Legislation

The legislation for this offence can be found on section 247D of Crimes Act 1958.

Elements of the offence

To prove this charge, the Prosecution must prove the following beyond reasonable doubt:

1. The accused caused an impairment of electronic communication to or from a computer; and
   The accused must have ‘caused’ the impairment. This means that they need to do something which results in an electronic communication being impaired.

“Can they prove you impaired electronic communication to or from a computer?”

2. The impairment was unauthorised, and
   Whether or not the impairment was authorised will be a matter of fact. Sometimes a person will be authorised to impair some electronic communications but not others – for example, an IT consultant may be authorised to make certain changes to a computer, but then may act outside their contract.
3. The accused knew the impairment was unauthorised, and
   The accused needs to have known that they were not authorised to impair the electronic communication. If they are unaware that they are not authorised, this will be a defence. Whether or not they the accused has the requisite knowledge will be a matter of fact.
4. The accused intended to impair the electronic communication or was reckless
   The accused must intend for their actions to impair the electronic communication or be reckless as to that consequence. Whether or not they have this intent will be determined by looking at the surrounding circumstances.

Defences

Defences to this charge can include a factual dispute, the fact that the accused was authorised, a lack of intent, or duress.

You should ring us and discuss your case if you have been charged. Deciding on whether to plead guilty or not has huge implications for you and should be made after proper discussions with a criminal lawyer.

Questions in cases like this

• Did you cause an authorised impairment of electronic communication to or from a computer?
• Did you know that the impairment was unauthorised?
• Did you intend to impair the electronic communication?
• Were you reckless when impairing the electronic communication?

Maximum penalty for section 247D of the Crimes Act 1958

A person found guilty of Unauthorised Impairment of Electronic Communication (State) (s247D of the Crimes Act 1958) may be sentenced to level 5 imprisonment (10 years).